Roundup: A few notes on the state of the Brexit drama

Given the state of the drama in Westminster right now, I thought I’d make a couple of points about why we’re here now. It’s pretty unprecedented for a government to lose a vote – badly – on a major foreign policy plank without automatically losing confidence, and yet, thanks to the Fixed Term Parliaments Act, that’s exactly the case. And because Theresa May squeaked out a confidence vote, that leaves her in something of a precarious situation about not really having a mandate to continue on the path she was on, while not being able to take anything to the people in a general election, as might ordinarily be the case under our share Westminster system. The FTPA has made Parliament untenable, and enables bad actors to game the system, which would ordinarily have been avoided by the sheer fact that they would have been keen to avoid shenanigans that the Queen would need to be involved in.

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It seems to me that if the Westminster parliament were functioning normally, then May could have taken the question of proceeding with Brexit to the people in an election, given that she lost the vote of confidence. Of course that would necessitate Labour to come up with a coherent position (and perhaps a more coherent leader, which their current bastardised leadership selection process also gave them). That would have given the winning government a popular mandate to overtake the referendum if need be, but again, that’s now off the table because of the way the FTPA has distorted the Westminster system. With the practice of Responsible Government being blunted by this statute, it’s clear that it must go.

Meanwhile, Chantal Hébert looks at the Brexit omnishambles and compares it to the plans for Quebec sovereignty back in the day, and how this seems to be dampening any sovereigntist sentiment in the province even further (while getting in a few jabs about Andrew Scheer’s Brexit boosterism along the way). Andrew Coyne likewise looks to the Brexit drama as an object lesson in how seccession from any union is far from painless.

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Roundup: Duffy v privilege

As expected, the Ontario Superior Court dismissed Senator Mike Duffy’s attempt to sue the Senate for their disciplining him because the Senate is protected by parliamentary privilege. Privilege is what allows the Senate to be self-governing and as a body that is focused on holding government to account, it has complete institutional independence for very good reason – so that they can speak truth to power without fear of dismissal or reprisal. So imagine the utter gall of Duffy’s response to this ruling.

“The Charter of Rights applies to all Canadians, but the Court decision states that because of the centuries old concept of Parliamentary Privilege, the Charter doesn’t apply to Senators.” Oh dear me. No. You see, the only reason that Duffy still has a job in the Senate is because of parliamentary privilege. If he didn’t have the privilege afforded to him, he couldn’t have made the myriad of accusations about Stephen Harper and his operatives in the Senate Chamber on the eve of his suspension – not without fear of reprisal, particularly a lawsuit. That the Senate is self-governing and has institutional independence saved him from being summarily dismissed by the prime minister of the day when Duffy caused him a great deal of embarrassment. While I don’t dispute that Duffy was subjected to a flawed process that denied him the benefit of due process due to political expediency because, the fact that he received a suspension without pay that was eventually lifted, allowing him to resume his duties with full pay and serving enough time for his pension to kick in, means that he has pretty much escaped consequence for actions that he very likely would have been fired for in any other circumstance. That he then accuses the concept of privilege as stripping him of his Charter rights, when it has in fact protected him in every conceivable way, is utterly boggling.

Meanwhile, it seems clear that between this bit of self-pitying and the decision to pose with Senators Brazeau and Wallin while Brazeau tweeted that they “survived the unjustifiable bs [sic]” (since deleted), that there seems to be an insufficient amount of self-reflection at play, and that perhaps the three should continue to keep their heads down and not draw attention to themselves, because the public has not forgotten them.

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Roundup: Closer examinations of Canadian populism

The topic of populism has been coming up a lot lately, in a variety of contexts, and there were a couple of interesting discussions around it in the Canadian context over the past couple of days. One is an examination by Frank Graves and Michael Valpy that looks at some of the demographic factors in Canadian populist sentiment, and digs out some interesting things like broader support among male millennials, and even some immigrant communities (though I would note that it’s not that difficult to get immigrant communities to turn against other newcomers – particularly asylum seekers – a technique that Jason Kenney tried very hard to exploit when he was federal immigration minister. The piece is worth digging into, and I had to read it a good two or three times before I started to appreciate a lot of what was contained within.

Another interesting piece was a look at the construction of Alberta conservatism, which goes beyond fiscal and social conservatism – indeed, when polled on values, much of the province actually skews toward fairly centrist values – and yet they disproportionately gravitate toward conservative parties out of a sense of brand identity, which is particularly curious, though one should note that political parties have been losing their ideological bases in favour of left-and-right flavoured populism over the past number of years. And populism is very much a factor in the Alberta voting populace, as the examination shows, which includes the distinction of populism as something that appeals to the “pure” homogeneity of a “people.”

To that end, here’s a good thread that digs into what sets populism apart from democracy, and why it’s something we need to pay attention to as this becomes an increasingly important part of the Canadian discourse.

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Roundup: Huawei, Trump, and the rule of law

The issue around the arrest of Huawei’s CFO in Vancouver last week took a number of turns yesterday, and is proving to be an utter gong show, thanks entirely to Donald Trump. So, to recap, the US ambassador to Canada stated that there was absolutely no political motivation behind the request for the arrest and extradition to the US, but meanwhile in China, a former Canadian diplomat who now works with International Crisis Group was arrested in China for no apparent reason, and there is no confirmation as to whether this is in retaliation for the Huawei arrest. Back in Vancouver, said CFO was granted bail for $10 million with five guarantors while she will await extradition hearings – and she has to surrender her passport, be under 24/7 surveillance and wear an ankle monitor, because she is considered a high flight risk. (Here’s a good backgrounder on all of the issues).

And then, it all went pear-shaped. Why? Because Donald Trump suddenly said that he’d intervene in the case if it helps to get a trade deal with China, which undermines the rule of law that Canada has been operating under and trying to assure Beijing that we’re operating under, and that because we have an independent judiciary with processes to be followed (which they can’t get their heads around because their judicial system is politicised), and all of the evidence around the criminal activities, allegations of fraud and of violating sanctions is apparently all for naught, because the US president has put his foot in it. And lo, Canada is relatively screwed by the whole thing. Hooray.

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QP: Bigger deficit fears

It being nearly the last day of the season, the benches were filling up, and both Justin Trudeau and Andrew Scheer were present. Scheer led off in French, worrying about the report from the Parliamentary Budget Officer who says the deficit could be bigger than anticipated. Trudeau stood up without a script, and talked about how much better off Canadians are now and how great the economy was doing. Scheer reiterted the question in English, and Trudeau deployed his talking points about bringing up the growth rate and the lowest unemployment rate in modern records. Scheer said that Trudeau doesn’t care about spending because he came from wealth, and Trudeau hit back with the $150 billion debt the Conservatives left with nothing to show for it. Scheer tried to respond by burnishing the Conservative record and accused Trudeau of squandering the good fortunes left to him, for which Trudeau listed the ways in which cuts made to ensure a “phoney” balanced budget hurt Canadians. Scheer tried to get pointed in his retort, that Trudeau was “darn right” that they were obsessed with treating taxpayer dollars with respect before repeating his slight about Trudeau’s family wealth, and Trudeau noted that Scheer was resorting to personal attacks because he had nothing else to offer. Guy Caron was up next for the NDP, and he railed that trade deals meant that VIA Rail couldn’t prefer Bombardier for its fleet renewal. Trudeau took up a script to read that they wanted to ensure that people got the best value for money and that government interference would be bad for business. Caron changed topics to talk about the CUPW court challenge of the Canada Post back-to-work legislation, and Trudeau noted that they undid the labour law changes from the Conservatives and how they worked with labour to ensure tripartite agreements. Karine Trudel repeated the question in French, and Trudeau read that the litany of measures they took to ensure that negotiations kept going and that the recently appointed a new arbitrator to deal with the outstanding issues. Tracey Ramsey then repeated the VIA Rail question in English, for which Trudeau said that those trade deals mean that Canadian firms can access procurement in other countries.

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Roundup: It’s Statute of Westminster Day!

Today is the anniversary of the Statute of Westminster, which you should be very excited about. Why is it important? Because in 1931, this is not only the Act of Parliament that gave Canada its sovereignty in terms of setting our own foreign policy – essentially meaning we were now a real country and no longer a glorified colony – but more importantly, it also created the Canadian Crown. In fact, this is where the Crown became divisible, and suddenly the Crown of the United Kingdom split off to become the Crowns of Canada, New Zealand, the Irish Free State, South Africa, Newfoundland, and Australia. The realms have changed since then, but the principle remains – that the King (now Queen) was no longer just the King of the United Kingdom, but that each realm had their own separate legal Crown as well. This is an important milestone in Canadian history, and we should pay much more attention to it than we traditionally do – particularly if you’re a fan of the Canadian monarchy because this is where it all began for us.

With this in mind, here’s Philippe Lagassé explaining the consequences of the Statute with regards to royal succession and the compromises that resulted from it.

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QP: A narrative of doom

While Justin Trudeau was in Montreal to pre-meet with some premiers in advance of the first ministers’ conference, Andrew Scheer was present, fresh from being booed by the chiefs at the Assembly of First Nations, and he led off with the false notion that premiers had to resort to threats before the oil and gas sector was on the agenda at the first ministers’ meeting, and surprisingly, Diane Lebouthillier got up to read that they were taking measures to help the workers. Scheer then worried that the Crown lawyers were trying to block the Canadian Taxpayers Federation from intervening at the Saskatchewan carbon tax court challenge, to which Amarjeet Sohi replier that they were trying to fix a broken pipeline system that we inherited from the Harper government — which wasn’t the question. Scheer railed that the government was trying to phase out the energy sector and demanded that Bill C-69 be withdrawn, to which Sohi replied that when the government tried to extend EI supports for laid off workers, the Conservatives voted against it and funding for orphan oil wells. Gérard Deltell worried about the economic turbulence meaning higher interest rates — which, actually, would be a sign of a good economy — and Scott Brison reminded him that when they took office, the country was in a technical recession and the current government turned it around. Deltell tried again, and got the same answer. Guy Caron was up next for the NDP, and raising the Trans Mountain pipeline, wondered when ten government would take its responsibilities to Indigenous communities seriously. Sohi said that they were taking the renewed consultations seriously. Caron worried that Trudeau was dismissive of a First Nations Chief yesterday, to which Philpott got up to defend the PM’s honour. Rachel Blaney took over to rail about “free, prior and informed consent,” and Sohi repeated their renewed consultations. When Blaney repeated the demand that Trudeau apologise to that BC Chief, Philpott again defended the PM.

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QP: Talking to the folks at home

Caucus day, and the benches were full, with all of the leaders present. Andrew Scheer led off, and he decided to re-litigate the cancellation of Northern Gateway, and demanded that it be revived. Justin Trudeau responded by reading quotes from the Federal Court of Appeal decision, and saying that the Conservatives treat the Duty to Consult as a suggestion. Scheer insisted that Indigenous communities would benefit from Northern Gateway, and Trudeau repeated that they didn’t understand that they need to work with Indigenous communities and scientists to ensure that projects get built in the right way. Scheer switched to French to demand the full guest list for the India trip, to which Trudeau congratulated the members of NSICOP for their work and that they accepted their recommendations. Scheer switched to English to raise the allegations around Navdeep Bains and the Brampton land deal — despite Bains’ repeated denials. Trudeau took the opportunity to tell the folks at home that parliamentary privilege means Scheer can say anything he wants inside the House without fear of prosecution, but the real test was if he repeated it outside. Scheer piled on the list of Liberal ethical lapses, and Trudeau again addressed the people at home to say that while the role of the opposition is to hold government to account, the current party across the way was more content with smears and innuendo. Guy Caron was up next, and demanded action for missing and murdered Indigenous women, to which Trudeau listed the measures they have taken to date. Caron demanded a national action plan, and Trudeau said that while there was work to do, they were continuing make progress. Sheri Benson wanted the PM to meet with petitioners around the MMIW inquiry, to which Trudeau read a statement about the Inquiry’s mandate and listed some of the investments made. Benson asked again, and Trudeau noted the extension of the Inquiry’s time, mandate and added funding.

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Roundup: Courting the tinfoil hat crowd

Over the past few days, the Conservatives have been delving into tinfoil hat territory in their attempts to stir up panic and anger toward the UN compact on global migration, which Canada plans to sign next week in Morocco. According to the Conservatives, this non-binding political declaration will somehow erode Canadian sovereignty and be tantamount to “border erasure,” and that if you listen to the Twitter trolls picking up on Andrew Scheer and Michelle Rempel’s posts about this, it will make criticizing immigration a “hate crime.” All of which is complete and utter bullshit, and even Chris Alexander, one-time Harper-era immigration minister, calls this out as factually incorrect. And yet, the Conservatives plan to use their Supply Day today to force a vote on this very issue so that they can express performative shock and dismay when the Liberals vote it down.

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While Justin Trudeau and Ahmed Hussen have quite rightly called the Conservatives out on this issue as repeating Rebel Media talking points, I have to see this as yet another example of Conservatives not only shamelessly lying to score points, but trying to dip their toe into extremist territory, and the belief that they can just “just enough” extremist language and talking points to try and stir up enough anger and paranoia that they think it will move their poll numbers, but no white supremacists or xenophobes please, “we believe in orderly immigration.” And of course, real life doesn’t work that way, and they wind up stirring up elements that they say they disavow, but continue to wink at because they think it’ll get some kind of benefit out of it.

The other theory raised about why the Conservatives are going full steam on this issue is because they’re trying to head off Maxime Bernier, who is also trolling on this particular bit of lunacy. Why they think this would be a good strategy, I’m not entirely sure, but it’s not as harmless as they might think it is, and that should be concerning to everyone.

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Roundup: The inaugural NSICOP report

The National Security and Intelligence Committee of Parliamentarians tabled their redacted report on the prime minister’s India trip yesterday, and, well, there were a number of redactions. But what wasn’t redacted did paint a picture of an RCMP that bungled security arrangements, and that didn’t have good lines of communication with the prime minister’s security detail, and where they left a voicemail for someone who was on vacation, while someone else in Ottawa decided to not bother trying to reach out until the following day because it was the end of their shift. So yeah, there were a “few issues” that the RCMP fell down on. And because of the redactions (done by security agencies and not PMO, for reasons related to national security or because revelations could be injurious to our international relations), we don’t have any idea if the former national security advisor’s warnings about “rogue elements” of the Indian government were involved was true or not.

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The CBC, meanwhile, got documents under Access to Information to show what kind of gong show was touched off with the communications side of things as the government tried to manage the fallout of the revelations of Atwal’s appearance on the trip (and in many senses, it wasn’t until the prime minister gave a very self-deprecating speech on the trip at the Press Gallery Dinner that the narratives started to die down). Because remember, this is a government that can’t communicate their way out of a wet paper bag.

In order to get some national security expert reaction, here’s Stephanie Carvin and Craig Forcese:

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It should also be pointed out that the opposition parties are trying to make some hay over the redactions, and are intimating that they’re the product of PMO for partisan reasons. It’s not supposed to work that way, but hey, why deal in facts when you can proffer conspiracy theories, or in Andrew Scheer’s case, shitposts on Twitter?

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