Tag Archives: NATO

Roundup: Negotiations and narratives

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It was another day of NAFTA developments, or rather the hints thereof, since Chrystia Freeland repeatedly said that they weren’t going to negotiate in public – just that they were making progress, and that they would go all night if they had to. Justin Trudeau said that they could reach a deal by Friday, but kept insisting that Supply Management would not be given up, and on the campaign trail in Quebec, Premier Philippe Couillard warned of “serious political consequences” if it was touched. Trudeau, meanwhile, will have a call with all of the premiers today in order to discuss what’s going down with the deal, so it may actually be getting close. Maybe. Of course, the Friday deadline appears to be more bluster, so we’ll see how it all plays out.

Meanwhile, closer to home, the Conservatives have tried to ramp up their narrative, and are insisting that all of the talk about the Canadians having been “sidelined” in NAFTA talks, and that we were now cornered into accepting a bad deal was indicative that Trudeau had “failed” – somehow, based on no information on mostly Trump talking points that don’t match reality.

You’ll notice a couple of things – one is that the “Trudeau” + “failed” in every tweet is part of their overall ham-fisted narrative-building strategy, and I’d imagine that every time they deploy it, campaign director Hamish Marshall gives them a cookie. Scheer is also going to town on this line from his convention speech about needing to be the “grown-ups in charge” again, which is tough to swallow given how little foreign policy depth their bench actually has, or even had in the previous government. And while there is room for the opposition to critique a government’s performance and holding them to account, coming up with false narratives, snide commentary, and shitposts in the middle of trade negotiations don’t exactly scream “grown-ups in charge.” And speaking of false narratives, the data show that the Conservative doomsaying about investment fleeing the Canadian economy isn’t holding water. Shocking, I know.

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Roundup: Senate constituency office?

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Independent Senator Dan Christmas has opted to open a “constituency” office in his local Mi’kmaw community in Nova Scotia in a bid to be more accessible. Which is all well and good, but the CBC piece that reported on this is atrocious. Embarrassingly so.

The article refers to Christmas as a “member of the Canadian government” which he explicitly is not. Being a member of government means being part of Cabinet, which Christmas certainly is not. In fact, as a senator, his job is to hold government to account. That’s not talked about in here at all. I’m also not sure what he hopes to use the office for, because senators traditionally don’t do the kinds of constituency work that MPs do, such as acting in an ombudsman-like capacity for constituents having trouble dealing with the civil service (particularly with immigration files, which is a huge problem). And it’s not like he’s the first senator to do so – I recall Senator Mike Duffy making a big deal about doing the same thing in PEI (which I can’t recall if he ever got around to actually doing, or if it was simply a stated intention that some of the usual pundits went around congratulating him for), and Senator Bob Runciman had a constituency office as well. Regardless, the article doesn’t really give much of a sense of his plans for the office – just that he wants to be visible in his community and that he wants to be a kind of “ambassador” to Ottawa from the Mi’kmaw, which again, not really an apt analogy because he doesn’t represent that government in any capacity. I am forced to wonder if this is a result of a lack of understanding of his role because, as an Independent senator, he lacks much in the way of proper mentoring from established senators, but again, I remain mystified, and we’ll see how long this lasts before he realises he could better spend his office budget doing things that are of more utility.

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Roundup: Asylum claimant dust-up

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So there was a bit of a testy exchange yesterday as federal and provincial immigration ministers met in Winnipeg, and Ahmed Hussen got into a bit of a spat with Ontario’s new minister, Lisa MacLeod. Hussen objected to MacLeod (and Doug Ford) using the rhetoric of “illegal border crossers” and ginning up the same rhetoric of the Federal Conservatives that somehow refugee claimants take make it harder for legal immigrants (despite the fact that they’re separate processes and systems). This objection is not new either – Hussen has been saying this for weeks, so for MacLeod to get offended about it yesterday is being performative in the extreme – which is what she wants. With Kathleen Wynne no longer in the picture for her party to pit themselves against, they now need to make Trudeau their straw man. And when Hussen called the behaviour “un-Canadian,” MacLeod and her defenders accused Hussen of “bullying,” which is childish. But wait – it gets better. MacLeod loudly announced that the federal government should pay for these asylum claimants, while Hussen has been saying for weeks that they need Ontario to step up and find places elsewhere in the province than just Toronto to house them, and hey, they’re providing money to do just that. And then, because this wasn’t theatrical enough, Saskatchewan’s minister also refused to sign onto the communiqué from the meeting and demanded that the federal government not only pay for these asylum seekers (of which Saskatchewan has received zero), but that they should pay the full cost of all other government-sponsored refugees. Couple of things: 1) This is starting to get alarmingly close to the kinds of xenophobic populist rhetoric we’re seeing south of the border, and we should be very alarmed by that; and 2) Remember how the federal Conservatives just a few years ago cut refugee health benefits as a “deterrence” mechanism (which the courts later called “cruel and unusual”), which simply downloaded those costs onto the provinces? These are your political brethren.

Also released yesterday were the latest figures for the number of irregular border crossers, and it has plunged again. Because it’s a “crisis” that the government has “done nothing about.” Err, except they have been doing something about it, trying to stem the migrant flow at the source, and lo and behold, it seems to be working. For now, in any case. But the Conservatives continue to press for a meeting of the Commons’ immigration committee next week to rail about it.

Meanwhile, Martin Patriquin calls out the divisive and inflammatory language because it misses the actual issue at play, treating it as a permanent burden rather than a temporary state of affairs.

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Roundup: A “quiet” housekeeping bill

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Do bills get passed “quietly”? There was a bit of debate over the Twitter over this fact yesterday, where it was conceded that a bill was passed with little fanfare, but I wanted to dissect this a little bit. The bill in question was one that was a technical housekeeping bill that legislated that several Minister of State positions were bumped in status, salary and precedence to full ministers, and that they had line departments split out from the previous departments they existed under the envelope of. It had been on the Order Paper since 2016, and signalled that it was happening since the Cabinet was first unveiled in 2015, with Orders in Council doing effectively what the bill did on an interim basis. It garnered attention yesterday because amidst the Cabinet shuffle speculation, it was noted that the bill allows for a couple of more seats to be added to the Cabinet table under this new framework, so Trudeau could theoretically increase the size of his Cabinet (and he yet might). But regardless, because this was passed without fanfare, it was termed as being passed “quietly.”

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Part of why I have a problem with the use of “quietly” – not just in this circumstance but in others – is because it implies that that there was intent. A recent egregious example was the renewal of the equalization formula – something that was in the budget document, in the bill (clearly marked), and came up at committee, and on top of that, was the subject of discussions between the federal and provincial governments for months. But nobody batted an eyelash until the Globe and Mail said it was passed “quietly” (apparently because they didn’t report on it, which is like a tree falling in the forest). And like I said with that equalization issue, it’s not the media’s job to flag every little thing for MPs – they can do their own homework.

My other issue with this is that not every bill is going to get fanfare – a lot of it is technical and relatively uncontroversial, there are a number of bills that are financial measures that are eye-glazing that most MPs don’t pay attention to (though they should) and simply pass of to the PBO to do their homework for them on. This particular bill was, as I said, on the Order Paper since 2016. There was nothing really controversial about it because it purported to fix inequities that would otherwise have ensured that a number of the women in the gender-equal cabinet were not equal in status or pay because they were in portfolios that had previously been relegated to “junior” positions, and a few reporters tried to make hay out of that fact when the Cabinet was first announced in 2015. This is not a bill that deserved fanfare. Expecting it is unrealistic and frankly comes off as a bit whiney when reporters can track these things on LegisInfo like everyone else. It didn’t pass “quietly” – it was a technical bill that passed like all technical bills do. And it’s time we struck “quietly” from the political lexicon.

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Roundup: A tough day for the Alliance

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The talk of the day is NATO, as well it should be, as the alliance is in danger of falling to tatters as Donald Trump picked fights (and this is without mentioning the problems of increasingly autocratic governments in Turkey, Hungary and Poland), though Trudeau apparently managed a side-meeting with Trump to talk trade. Trump did have a point about Germany getting natural gas from Russia (a point that Canada agrees with, though he didn’t necessarily articulate the concerns accurately), but the rest of it, particularly his new demand that NATO partners start contributing up to four percent of GDP on military spending? It’s ludicrous, because he doesn’t actually understand what he’s talking about, especially when he tries to frame it as though they’re paying into some kind of NATO fund that the US pays the lion’s share of – that’s not how the Alliance works, and very little of the US’ military spending goes toward NATO operations.

Canada, meanwhile, announced that we’ll be taking on a new role in Iraq to “train the trainers,” with more personnel and helicopters in the region, something that Trudeau may be hoping will be a bit of a distraction to Trump to show that even though we’re not meeting our GDP spending targets, we’re doing more than our share in contributing (particularly if you look at a country like Greece that meets the target because of salaries and benefits, but doesn’t contribute to missions or meet its equipment goals). IT’s partially why percentage of GDP is such a poor measure of contribution, because outputs are better measures than inputs. Nevertheless, Trudeau did reaffirm our commitment to the 2 percent of GDP goal, even though we’re not going to double spending to meet it anytime soon (though on a practical level, we’re having trouble getting DND to spend the money fast enough, so more money wouldn’t help with that capacity issue). Incidentally, Trudeau elaborated on some of this in his Q&A session, the highlights of which can be found here.

Meanwhile, Andrew Coyne lists Trump’s falsehoods and insults to the alliance while keeping an eye on next week’s meeting with Putin. Paul Wells takes a careful review of how Canada’s relationship with the Trumpocalypse have progressed from good to utter meltdown, and while he looks into Trump’s psyche, Wells also notes the disturbing trend toward authoritarianism that is creeping into more Western democracies, and that Trump is on the “winning” side of this trend – something that should absolutely be alarming to everybody because it signals the decline of liberal democracies.

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Roundup: Cluelessly disparaging parliamentary privilege

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Sometimes you read an op-ed so clueless that it burns. This piece by lawyer and part-time law professor Daniel Tsai about the Mike Duffy lawsuit is one of those pieces. Tsai argues that the lawsuit is an opportunity for the courts to make changes to the Senate that, according to him, will make it “more accountable.” As his evidence, he cites statements from Government Leader in the Senate – err, “government representative” Senator Peter Harder darkly musing that some senators may want to protect their friends, and Senator Marilou McPhedran’s quest to root out harassment in the Senate as “proof” that the problem is the Senate’s parliamentary privilege. But he also cites former Senator Don Meredith as a case of harassment without also acknowledging that it was because the Senate has parliamentary privilege that they’re able to discipline their own, and that they had recommended expulsion for his breaching the Senate’s ethical code, and that forced his hand to resign. This is a feature, not a bug.

The whole piece demonstrates that, lawyer or not, Tsai doesn’t understand what privilege is, the importance of Parliament’s need to be self-governing (if it’s not, we might as well just turn power back over to the Queen), or the fact that the institutional independence of the Senate (which allows it to hold the government to account) requires it to have a robust set of privileges that can police its own members rather than subject the institution to threats of lawsuits from its various members when they’ve feeling sore by the fact that they’ve been disciplined. Weakening privilege won’t make the Senate more accountable – it will make it vulnerable to vexatious litigation, and along the way, weaken the House of Commons’ own parliamentary privileges as well (because the privileges of the Senate and the Commons are inextricably linked).

None of this is to suggest that the Senate is perfect – it’s not, and there have been bad apples that generally have been made to resign when the going gets tough. Tsai completely ignores the constitutional role of the Senate and the way in which it’s constructed with a defined purpose in mind in order to engage in some populist pandering to the myths that surround the institution. His “solution” about a judicially-imposed limitation on the privileges that are embedded in the constitution (seriously?!) would make things worse, not better.

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Roundup: The Brexit meltdown accelerates

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The big news yesterday wasn’t really in Canada, but the UK, where two cabinet ministers resigned over the “compromise” Brexit deal, and there remain questions as to whether Thresa May can survive this (though her options are severely limited given the Fixed Terms Parliament Act). Lauren Dobson-Hughes has a good breakdown of just what has been going on:

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Andrew Coyne notes the difficult position that May and the Brexiteers find themselves in, where a Norway-style deal may be their out (but it will be a humiliating climbdown). Andrew MacDougall examines the internal party politics playing out with these resignations. John Cassidy highlights that Boris Johnson’s bluster aside, he can’t point to any more credible Brexit deal, which makes his departure all the more opportunistic.

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And hey, just remember that Andrew Scheer was a Brexit proponent, and fellow leadership aspirant Erin O’Toole promulgated a fantasy Canada-UK-Australia-New Zealand trading bloc that relies on constructing a pre-WWII relationship that really didn’t exist the way they like to think it did. In case you thought that Canada is immune to such flights of fantasy.

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Roundup: Oh noes! Girls in STEM!

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Yesterday’s online sniping between MPs had to do with a profile of Conservative MP Rachael Harder in the Globe and Mail. In it, Harder (again) bemoaned that she feels the Liberals are trying to push their own version of feminism and added in some garden-variety whinging that the government apparently has it in for Christians (despite the fact that the PM himself has said that he’s a practicing Catholic). But Harder’s “proof” of how the government is pushing their own version of feminism is – wait for it – the fact that they’re spending money to encourage more girls to get interested in STEM careers. Wow. Such ideology!

I will add that part of the Twitter sniping had to do with the fact that the Liberals blocked the attempt to have Harder installed as chair of the Status of Women committee, and once again, nobody has bothered to point out the fact that as critic, it would not only have been inappropriate for her to be Chair, but it would have made zero sense given that committee chairs are supposed to act in a neutral capacity and not vote unless it’s to break a (rare) tie – something that is antithetical to the role of critic that Harder held. And the fact that Andrew Scheer tried to manoeuvre her into the position was a cynical ploy to make the Liberals look like intolerant bigots (and they took the bait), but nobody dares to call that fact out. Instead, we get Harder and her supporters whinging about how mean the Liberals are to her, while Harder herself seems mystified that a party that prides itself on defending the Charter rights of Canadians would have a problem with an adherent to an ideology that would deny LGBT people full equality and which tells women that they shouldn’t have control over their bodies when it comes to reproduction. You can disagree with it, but don’t act like it’s a surprise that they draw a line there.

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Roundup: Fixes to a strained system

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An independent report on Canada’s refugee determination system was released yesterday, and it recommends various ways to completely overhaul our system, most drastically that it calls for it to be reformed into an agency that reports to the minister, rather than maintaining the quasi-judicial Immigration and Refugee Board. It’s a recommendation that worries groups like the Canadian Council of Refugees because part of what the strength of the IRB is that it’s a quasi-judicial body, and that ensures that there is much greater due process in the system. It’s not perfect, mind you, but that’s an important value of a system that determines what can be life-and-death situations for refugee claimants to have. It’s not a surprise that the system is under stress, not only because of the influx of irregular border crossers, but because the government has been slow to fill vacancies on the board, which cascades through the system, causing delays and huge stresses for claimants (and their lawyers). And if the government could fill those vacancies and add resources to the system in order to clear the backlogs (which were created when the previous government reformed the appointment process under their watch) that would help, but they’ve been apparently in no rush to do so.

Speaking of the influx of irregular border crossers, Toronto’s mayor is complaining to the provincial and federal governments that they’re maxed out on shelter space for those migrants that have travelled to Toronto and want more help in housing them – after having received $11 million in additional funds from the federal government. Part of the problem is that they haven’t been able to find suitable spaces, and additional money can’t build new shelters overnight.

Meanwhile, CBC has an analysis piece about whether suspending the Safe Third Country Agreement would lead to a massive influx of new claims on our system. The answer is a decided maybe, but what’s not really addressed in the piece is the fact that the Agreement virtually eliminated the practice of asylum shopping, where people would make either simultaneous claims in the US and Canada or would try the other if one was due to fail. It is a problem that strains our resources (which are already strained), and it can’t be discounted as a possible side-effect of suspending the agreement.

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Roundup: A major amendment at committee

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There will be another looming showdown between the Senate and the Commons in the coming weeks, as the Senate’s Legal and Constitutional Affairs Committee narrowly voted to remove the random mandatory alcohol testing provisions from Bill C-46, the government’s new impaired driving legislation. And this wasn’t just the Conservatives being obstructionist – Liberals joined in this too, the tie-breaker coming from Senator Serge Joyal. Why? Because this provision is almost certainly unconstitutional. Senator Denise Batters, who moved the motion, explained the reasons in this video here:

It can’t be understated that the criminal defence bar has been warning for months that this will lead to even more court challenges, including Charter challenges, and that it will do nothing to alleviate the backlog in the courts, and would only make them worse in the post-Jordandecision world of tight timelines. And if you don’t think that this won’t create problems, then just look to BC to see what moving to administrative roadside penalties for impaired driving did to their court system – it’s created a cottage industry of court challenges to those citations. I’ve interviewed these lawyers before. One of them, for whom this is her specialty (as tweeted below) knows what she speaks when it comes to what this bill will do.

The government will point to constitutional scholars that told them their plans were sound, but again, this likely won’t be definitively be answered until it gets put to the Supreme Court of Canada. And plenty of lawyers will also point out – correctly – that just because the police are looking for certain powers, it doesn’t mean they should get them because they will infringe on Canadians’ Charter rights. The funny thing is that this creates a schism within the Conservative caucus, with the MPs being in favour of the bill (much of it having been copied from a bill that Steven Blaney tabled), but then again, the Senate is more independent than people like to give it credit for.

So now the justice minister says that this is unacceptable, that it guts the bill (not really true – the marijuana provisions are all still intact I believe, which is why this bill was a companion piece to the marijuana legalisation bill in the first place), and she won’t have these amendments. We’ll see whether the full Senate votes to adopt these amendments or not – there’s been a lot of talk from the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, that they shouldn’t vote down bills of dubious constitutionality because that should be the role for the courts (I fundamentally disagree with that – it’s actually the Senate’s job), and we’ll see how many of the new Independents are swayed by Harder’s arguments. But it’s one more bit of drama to look forward to.

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