Roundup: Closing it all down for the summer (and the election)

The House of Commons rose yesterday, earlier than expected after news that Conservative MP Mark Warawa died of cancer. Business was truncated, all remaining bills passed swiftly, and a few tributes were made to Warawa before adjourning the House, ostensibly until September, but the writs would be drawn up for the election before then. There is a chance that Parliament will be called back in the summer to deal with the New NAFTA implementation bill, which was not passed, but apparently they’re waiting on the Americans before we go further.

Over on the Senate, side, a number of bills passed through swiftly, including the reforms to the Access to Information legislation, but the ones that caught the most attention were Bills C-48 and C-69, being the west coast oil tanker ban and the environmental assessment legislation. Immediately after those were passed, Alberta premier Jason Kenney thundered over Twitter about how he was going to challenge them in court – which you can expect the courts to tell him to go pound sand, just as they will with his challenge to the federal carbon price that will be imposed on his province come January. The Senate won’t be passing a number of private members’ bills, including some prominent ones like Rona Ambrose’s bill, but it was a bad bill anyway and deserved to die on the Order Paper. (The Liberals also promised to revive the bill in the next parliament, which…isn’t great, frankly, because it’s either unconstitutional in its original form, or largely symbolic in its amended form).

This means that all that’s left is a royal assent ceremony, which will happen this afternoon, and it’ll be the first time that they’re going to attempt a ceremony with the two chambers in separate buildings. It’s been suggested previously that the Usher of the Black Rod will take a limousine to West Block to knock on the Commons’ door to deliver the message that Her Excellency requests their presence in the Senate, at which point the Speaker and a token few MPs will head over – possibly in limos or little parliamentary busses – to the Senate for the ceremony. We’ll see how it all unfolds.

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QP: One last “PMQ”

It promised to be the last big show of the 42nd Parliament, with all of the leaders present for one last time. Andrew Scheer led off in French, worrying about the start date for the Trans Mountain expansion, studiously ignoring the Federal court of Appeal decision that revoked the permit. Justin Trudeau reminded him that Stephen Harper didn’t get any pipelines to new markets, while he ensured they got proper buy-in from Indigenous communities. Scheer switched to English to repeat his disingenuous lines, and Trudeau repeated that the only way to build energy projects was to work in partner with Indigenous people. Scheer got increasingly breathy as he accused the government of trying to phase out the energy sector, to which Trudeau replied that the Conservatives won’t take yes for an answer, and that they were succeeding in what the Alberta energy sector had asked for. Scheer shouted about all the things he would do to build pipelines and said the prime minister couldn’t get things done, and Trudeau calmly replied that the Conservatives still don’t understand why they failed the economy for ten years. Scheer rose one last time to assure Trudeau that a “real plan for the environment” would come at five o’clock, before he switched to some scattershot condemnation about the Liberals protecting corporate interests, and Trudeau listed off all the things that Scheer didn’t get about the environment. Jagmeet Singh was up next, and in French, he demanded the government spend on green projects instead of pipelines, and Trudeau took up a script to list off all of the measures they have taken to help the environment. Singh, in English, declared that the TMX would generate no profits — which is news to everyone — and he decried the government not protecting the environment. Trudeau picked up the English version of the script to list the measures that they have taken. Singh flailed around about measures for the environment, and Trudeau reiterated his previous response without a script, before he put it back to Singh that there were Indigenous communities supported the project. Singh switched to French to worry about the project some more, and Trudeau raised the fact that the pipeline was more responsible than moving oil by rail.

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Roundup: It’s TMX Day

Today is the day that the government will make their decision on the Trans Mountain Expansion, and it should not be a surprise to say that they are almost certainly going to approve it, having spent $4.5 billion on the existing pipeline to “de-risk” the project, and far more in political capital at the cost of some of their BC, Indigenous, and environmental base while trying to insist that this is necessary for the transition to a cleaner economy. Of course, if they could communicate their way out of a wet paper bag, it might help them to make that case, but they seem incapable of it. The real question is going to be what kinds of changes to the route will be made in order to accommodate Indigenous groups, or other conditions to be mandated as part of it.

There will be much talk about the “pipeline crunch” that the TMX will hope to address, which has to do with added oilsands production and not enough ways to get it to market, given ongoing delays on the American side of both Enbridge Line 3 and Keystone XL – projects which have been approved in Canada, and the Line 3 construction has been ongoing on the Canadian side. But as much as TMX will help, we also need to remember that the projected growth capacity is limited, which is another reason why Energy East doesn’t make economic sense. The concern that the sector needs all kinds of new pipelines isn’t actually borne out in the data (as Andrew Leach has pointed out repeatedly, including here).

On a related note, the government has rejected most of the Senate amendments to Bill C-48, on the tanker ban, but did agree to the five-year legislative review period, but as much as industry groups are demanding that this bill and Bill C-69 be killed, it’s not going to happen.

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QP: Condemning Kenney’s threats

Justin Trudeau was present for the first time in almost two weeks today, while Andrew Scheer was again absent. Lisa Raitt led off, worrying about the amendments to Bill C-69 from the Senate, and raising the letter from Jason Kenney and company threatening national unity if they don’t pass. Trudeau stated that they welcome the suggestions from the “independent” Senate, but said that a premier threatening national unity if he doesn’t get his own way needs to be condemned. Raitt said that Trudeau thought he was above the premiers, and Trudeau stated that he meets with premiers unlike Harper, but returned to his condemnation of the threats to national unity. Raitt worried that Trudeau was bringing on a constitutional crisis, and Trudeau reminded her that one of those amendments would make Indigenous consultations optional, which was not the way to move forward. Alain Rayes took over in French, and he demanded respect for premiers. Trudeau reiterated in French that he has worked with premiers, but Conservative premiers who threaten national unity needs to be condemned. Rayes claimed that the PM was attacking premiers at every opportunity, and Trudeau reiterated his response. Jagmeet Singh was up next, and he repeated his demand from yesterday to impose a price cap on cell phone companies, to which Trudeau picked up a script to list measures that the government has taken which means lower bills in regions where there is more competition. Singh repeated the demand in French, and Trudeau read the French version of his script in response. Singh then painted himself as brave enough to stand up to telecom companies, and repeated his demand, to which Trudeau extemporaneously assured him that the government was making investments to improve connectivity, including in rural areas. For his final question, Singh quoted a news story where a Liberal MP’s law firm may have been involved in a money laundering transaction, to which Trudeau read from a script about the task force they set up to deal with money laundering.

https://twitter.com/davidakin/status/1138511571515301888

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QP: Let’s not open Pandora’s Box

While Justin Trudeau was across the street meeting with Grand Moff Tarkin — err, US vice-president Mike Pence, Andrew Scheer and Jagmeet Singh were both absent. Candice Bergen led off, and she accused the government of capitulating to the American demands in the New NAFTA, to which Marc Garneau mocked the Conservatives’ original advice to capitulate and then listed the things they achieved in it. Bergen claimed the government agreed to hidden quotas in the steel and aluminium agreement, and Garneau again chided that the Conservatives wanted capitulation instead of retaliatory tariffs that got results. Bergen said that Trudeau got a bad deal, and Garneau expounded on the importance of the deal and the Liberal record on jobs. Gérard Deltell took over in French to lament the deal, and Garneau reiterated his previous response on Conservative capitulation in French. Deltell then turned to the alleged deal that CRA signed with KPMG, to which Diane Lebouthillier listed off the measures that they took to combat tax evasion, but also stated that she asked the department to review their processes for entering into agreements in the name of transparency. Ruth Ellen Brosseau read off for the NDP, and she demanded the New NAFTA be reopened, to which Garneau stated that the NDP was asking to open up Pandora’s Box. Brosseau then wanted guarantees to women getting healthcare that they choose — meaning abortions — for which Ginette Petitpas Taylor assured her that the government did support a women’s choice to have an abortion. Tracey Ramsey took over in English to demand that the New NAFTA be reopened, and Garneau repeated the line about Pandora’s Box. Ramsey went a second round, and Garneau read about how important the deal was.

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Roundup: From a bad bill to a useless one

Rona Ambrose’s judicial training bill looks like it may have some life left in it, as Independent Senator Pierre Dalphond himself a former judge, has started making deals and compromises to see the bill go ahead in an amended form. Working both with the bill’s Senate sponsor and one of its critics, Dalphond has come up with an amended version of the bill which should address most of its critics, and apparently got a procedural deal passed in the Senate as a whole, which gave instruction for the legal and constitutional affairs committee to hold a special session next week to deal with the bill, outside of the normal process where it would be dealing with government business (which is the whole reason the bill hasn’t gone anywhere – the committee is loaded with government bills, which Senate rules state needs to take precedence).

The amendments would ensure that a judicial appointee must commit to sexual assault law training as designed by the Canadian Judicial Council, and administered by the National Judicial Institute – moves that address many of the concerns around judicial independence (which likely would have rendered the bill unconstitutional), and would have created conflicts of interest where the bill as it stands would demand that future judges need to be trained by sexual assault survivors groups – the same groups that would normally be called upon to be expert witnesses in trials. This help to address other concerns about the bill, such as access for lawyers who aren’t in urban centres, or that requiring training before application would tip off coworkers to those lawyers that they were applying for a position on the bench. I remain curious what other objections the Canadian Judicial Council still has about the bill, but I guess we’ll find out next week when they will likely appear at the committee.

This all having been said, we need to remember that the Canadian Judicial Council has been seized with this issue for a few years now and has been ensuring that there is better training for judges, which is as it should be – the system is already working. That means that Ambrose’s bill is really, if amended, just another bit of feel-good legislation that MPs keep burdening the Order Paper with. (Note that as it stands, the bill is likely unconstitutional and actually a very bad bill despite its good intentions). And as with so many feel-good bills, it takes up all of the space in the media for little actual benefit, but that’s politics these days, unfortunately.

https://twitter.com/adamgoldenberg/status/1132389428910088192

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Roundup: A few straw men and some rhetoric about immigration

Andrew Scheer gave another one of his “economic vision” speeches yesterday, this time on the subject of immigration policy. And while it was all “yay economic immigrants,” there were still a few questionable pronouncements throughout. It should be pointed out that off the top, he made a big deal about how they don’t want racists or xenophobes in the party (in apparently contradiction to the succour they gave avowed racists when they thought they could use them to paint the Liberals as the “real” intolerant party), and invoked his belief that we’re all God’s children so nobody is inferior regardless of race, religion, or sexual orientation, and if they didn’t like that, the door was that way. So there’s that.

As for the policies, they were not only deficient when it comes to detail, but there was some of his usual problems of straw man arguments and hollow promises. For example, he repeated his usual argument that privately sponsored refugees do better than government-sponsored ones, but nobody is disputing that, and nobody is arguing against private sponsorship, but there is a place for government sponsorship which has to do with the most vulnerable who need more timely relocation and who may not have private sponsorship lined up. And yet, it’s part of his dichotomy about private groups being better than government. He also vowed to stop irregular border crossings, and good luck with that, because it’s always going to happen, and unless he can also stop Donald Trump from threatening immigrants and refugees in his own country, it’s not going to stem the flow coming into Canada irregularly – it’ll just push them to more dangerous crossings. He also didn’t stop the usual rhetoric that pits immigrants against asylum seekers that this kind of vow just exacerbates, so that’s not exactly turning over a new leaf. He also promised that economic migrants would get their credentials recognised in Canada faster, but good luck with that because credentials recognition is a provincial responsibility, and the federal government has precious few levers there, and successive federal governments have tried to deal with this situation in the past and not had much success, ensuring that his promise is empty. But what was perhaps most frustrating was his talk about intake levels – and while he took a dig at Maxime Bernier for calling on them to be reduced, he also said that the level should change every year based on “Canada’s best interests,” which is a giant loophole for that same kind of talk about reducing levels for bogus reasons.

https://twitter.com/EmmMacfarlane/status/1133506929442131971

https://twitter.com/EmmMacfarlane/status/1133508491438624769

Meanwhile, the IRB says they need more funding if they’re going to tackle the asylum claimant backlog (which again, they inherited from the Conservative government) rather than just stabilize growth, which is what they’re projecting currently – but the real kicker here is that they’re still relying on faxes and paper copies rather than emails or electronic files, because they can’t share information effectively with CBSA, which should boggle the mind. And this problem was identified a decade ago (as was pointed out by Liberal MP Alexandra Mendès at Public Accounts), and it’s still a problem. I’ve talked to immigration and refugee lawyers who say that it’s a huge frustration for them that until recently, they couldn’t even schedule hearings by email. The IRB say they’re seized with the issue, but cripes, this should be embarrassing.

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Roundup: Federal jurisdiction wins again

It should have been no surprise to anyone that the BC Court of Appeal rejected the province’s attempt to dictate the content of federally-regulated pipelines in a 5-0 decision. In other words, the province could not reject the transport of diluted bitumen through the Trans Mountain expansion by stealth, and in no uncertain terms. The province quickly announced that they would appeal this to the Supreme Court of Canada (though the 5-0 decision makes it more likely that they’ll simply say no thanks, and let the BCCA decision stand).

https://twitter.com/EmmMacfarlane/status/1131972145507164160

While Jason Kenney was quick to crow over the Twitter Machine about how this was great news for Alberta, it seems to me that it’s rather great news for the federal government, because it upholds that they continue to have jurisdiction over these pipelines, and lo, they didn’t need to do some song and dance to “declare” or “invoke” it – because Section 92(10)(c) isn’t a magic wand, and it was already federal jurisdiction in the first place because it crossed provincial boundaries. And just like with the Saskatchewan Court of Appeal decision on the carbon price reference, it again showed that yes, the federal government has jurisdiction. After all, Kenney kept saying that the federal government should invoke 92(10)(c) because there BC’s position on this case showed that there was apparently some confusion around jurisdiction. But there never was any confusion – BC was trying to be too cute by half, and it didn’t work for them.

Speaking of Kenney, he was apparently in Toronto having a meeting with the Globe and Mail’s editorial board yesterday, and said that investors looking at climate risk was “flavour of the month” and they should instead focus on all of those “ethical oil” considerations instead. The problem there is that climate risk isn’t flavour of the month – it’s an existential threat to our economy. The Bank of Canada realized this and now lists it as a major risk to the country’s economy. The insurance industry really knows it’s responsible for billions of additional dollars in their spending over the past couple of years alone, thanks to flash floods, major forest fires, and so on. And have those “ethical oil” lines ever worked on anyone? I didn’t think so. But expect more of them to be bombarded at us in the near future as his “war room” gets underway to wage their propaganda campaign in “defence” of the industry.

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Roundup: A weekend of Norman

Over the course of the long weekend, there was another push about the Vice Admiral Mark Norman story, but there were some problems in how this has all been unfolding. The National Post had a longread that was the first to interview Norman and his family about the ordeal, but in the process, in focusing on making Norman a martyr to his cause, I’m not sure that they did him any favours because it did seem to make it look like he did what he was accused of doing – this, while everyone kept tweeting about how enraging this story was on Norman’s behalf.

There were other threads – General Jonathan Vance, the Chief of Defence Staff, gave a somewhat exasperated sounding interview to state that the decision to suspend Norman was his and his alone, while the Globe and Mail reported that it was the former National Security advisor to the prime minister and the former Clerk of the Privy Council – both Harper appointees, it should be noted – that called in the RCMP to investigate the leak after their own internal investigation was inclusive. This blows up the narrative of the Conservatives that it was somehow a personal vendetta to destroy Norman’s career, or that the prime minister was personally directing this – though that narrative is also about trying to match up Trudeau’s stupid misspeaking about the Norman case likely winding up in court before charges were even laid that had them trying to spin a narrative about interference. (The Conservatives, meanwhile, keep hoping that there will be more embarrassing revelations, but they don’t seem to be coming). Likewise, the attempts to insist that the government was orchestrating the withholding of documents hasn’t actually matched up with the realities of the processes involved.

But while the Post story was curious enough, I found this analysis piece by the CBC’s Murray Brewster to have its share of framing problems, in saying that the allocation of responsibility was throwing people under the bus – like Vance (never mind that he admitted it was his decision). Brewster also seems to confuse the arguments that Crown prosecutors were making with those of “senior government officials” framing the prosecution, because I have never read anything about senior officials framing the prosecution – nor have I read anything coming from government or officials framing the allegations against Norman as an issue of civilian control, which is why I always found it odd because that’s at the heart of what was being alleged. Beyond that, Brewster wonders why the Liberals aren’t asking questions of the Conservatives about how they rewrote the rules on that procurement in the first place, or why the former Conservative ministers didn’t speak to the RMCP after the charges were laid, or why Norman would stake his career on this procurement – all questions that I don’t know why the Liberals would ask. They’re a little past holding the Conservatives to account because the Conservatives aren’t in power any longer, and it would seem to me that it would be more the role of journalists asking these kinds of questions of the Conservatives, as opposed to the government – perhaps more than trying to curry sympathy for Norman.

https://twitter.com/btaplatt/status/1128335527785193472

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Roundup: An economic vision without an economic case

Andrew Scheer gave the second of his policy keynote speeches yesterday, this one on his economic vision, and as could be expected, it was full of hyperbolic declarations about the size of the deficit (it’s tiny in comparison to our GDP), and the state of Canadian household finances (which have been growing). He promised that any new spending programmes would have to be paid for out of government “savings,” and in his pledge to balance the budget in two years, that would mean cuts. Of course, Conservative mouthpieces say this is easily enough achieved because they did it before (forgetting of course that the previous government had a habit of booking savings that were never going to be achieved for the sake of getting to a paper balance, like Shared Services Canada, or the Phoenix Pay System). The Liberals, incidentally, were quick to put out Bill Morneau to put a price tag on those cuts and warn that they would come out of families, and with the spectre of seeing what Doug Ford is doing to those families in Ontario, well, it’ll make things harder for Scheer.

The part that everyone talked about, however, was his grand vision of an “energy corridor” across the country where pipeline projects would magically cross the country with buy-in from Indigenous communities and everyone would be happy and prosperous, and we would have energy security and would never had to import oil from Saudi Arabia ever again. The problem with this fantasy picture, however, is largely economics. Even if Energy East were to get built, by some miracle, it would not have an economic case given that it wouldn’t be used for domestic oil in the eastern provinces as it would be far more expensive than the oil they’re importing. In fact, Energy East did not make it off the drawing board because there was no economic case – it wasn’t because there was opposition in Quebec (which has already achieved some kind of mythical status), but because there was no economic rationale for the company given that Keystone XL was back on the table. Scheer’s promise (other than the fantasy of it even happening) is that Alberta will either have to take a huge discount per barrel of oil, or oil prices in the eastern provinces start taking a major jump because they’re paying a lot more for it, and upgrade it from heavy petroleum and refine it (in refineries that would have to have been refitted, likely with yet more taxpayer subsidies). But since when should logic or basic economics be part of an “economic vision”? That would be silly.

Chris Selley offers a critique of Scheer’s rhetoric, but finds it more astonishing that it’s the Liberals’ own self-inflicted damage that is putting Scheer in a position where he has a reasonable shot of winning.

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