Roundup: On MPs’ sanctimony

My patience for self-aggrandising bullshit is at an all-time low, so you can image just how hard my eyes rolled when I heard that Justin Trudeau was telling a school group that was touring Parliament that his side is “serious and respectful” and the other guys like to shout, and how it was because when a there isn’t a lot that they can go after the government on, they make noise instead. Trudeau’s capacity for sanctimony is practically legendary, but this was gilding the lily more than a little. Now, I will grant you that since he’s been in charge, the Liberals have been far better behaved in QP than they used to be, and the clapping ban has lowered the level of din in the chamber by a great deal (though said ban is not always honoured). And yes, the Conservatives do yell and heckle a lot, but some of it is deserved when you have ministers or parliamentary secretaries who read non sequitur talking points rather than doing something that resembles answering a question. (They also yell and heckle to be childish and disruptive as well, but it bears pointing out that it’s not entirely undeserved). It’s also cheap theatre, and there is a time and a place for that in politics, and if we didn’t have it during QP, then I daresay that there might be an outbreak of narcolepsy on the Hill. But as with anything, it should be done judiciously and cleverly, and that’s not something that these guys are any good at, and so we return to the sounds of jeering, hooting baboons no more days than not, but that’s no excuse for sanctimony. There are no saints in that chamber.

With that in mind, my tolerance for the whinging and crying foul over the removal of Leona Alleslev as chair of the NATO Parliamentary Association is also mighty thin, for the sheer fact that when she crossed the floor, she wouldn’t be able to chair a parliamentary association. The way these things work is that a government MP chairs, and an opposition MP vice-chairs, and lo, the Conservatives already had a vice-chair on said association. Her removal was not retaliation, but it is a consequence. Now, there are definite questions that can be asked about the timing of said removal – two weeks before a NATO meeting that she has worked toward, and weeks after she crossed the floor (but I don’t know how often this association meets, so this may have been the first opportunity) – but that is far different from the caterwauling from the Conservatives about how the “supposedly feminist” prime minister was being mean to a woman and a veteran. (As an aside, could we please stop with this policing of the PM’s feminism? 99 percent of attacks attached to said policing have nothing to do with feminism). This attempt to claim the moral high ground is exasperating.

To add to all of this, the meeting where the removal happened was met with a bunch of disruptive, juvenile behaviour by Conservative MPs and staffers that included butchered singing, and *gasp!* drinking! Oh noes! Nobody behaved admirably in this situation, and nobody has any high ground to claim, so maybe we should all behave like adults around this.

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Roundup: Dredging up deficit panic

We’ve seen a return of questions in the past few days about the federal deficit – while the Public Accounts have shown that it was a little smaller than projected, it’s still there. The Conservatives hope to make hay over this in the next election, and as part of his “one year to go” speech over the weekend, Andrew Scheer repeated the lines that Stephen Harper mockingly performed over the election about how the Liberals promised just a “tiny little deficit” and well, it doesn’t look like they’ll make balance next year like they initially promised. Mind you, Scheer and his crew also ignores the fact that the Liberals were handed a $70 billion hole in GDP when they took over, so their spending promises are pretty much in line with their promises, but they made the choice to simply borrow to make up the difference – and yes, governing is about choices. Kind of like how the Conservatives chose to underfund a number of major projects in order to achieve the illusion of a balanced budget, that the Liberals had to then pick up the pieces on (Phoenix, Shared Services), and that’s also part of why they’re in the red. But you know – details.

In light of all of this fear-mongering, Kevin Milligan does the math on deficits, and well, it’s not quite the doom we’ve been thinking, as the debate remains trapped in the nineties and isn’t catching up to current realities.

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Meanwhile, Andrew Coyne worries about the deficits, with the recall about how the not-so-big deficits of the seventies suddenly metastasized out of control in the eighties, but he doesn’t math out his fears either.

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Roundup: Not a Nordic friendship group

The ouster of a UCP candidate in Alberta over his posing with members of the Soldiers of Odin, and then excusing it by saying that they’re polite, continues to reverberate as the provincial NDP are looking to make hay of it, and premier Rachel Notley pointing out (entirely correctly) that you can’t keep blowing into dog whistles and then looking surprised when these people show up. And even the other two candidates who posed and then disavowed knowledge of who they are isn’t entirely credible because these people showed up in badges and vests, looking not unlike motorcycle gang members, and that should have clued them in that maybe photos were a bad idea. And as a friend of mine pointed out, you can bet that if a group of drag queens showed up and wanted to pose with them, someone would have put a stop to that right away. And so here we are.

While casting the UCP as bigots is familiar political territory to tread, it’s not like there isn’t enough history to show that they need to be careful with their associations, and in showcasing the dangers of too much free speech in the political arena. Recall that it was the “lake of fire” comments from Wildrose candidates that sunk that party’s chances in a previous election, and when then-leader Danielle Smith didn’t come out to denounce the comments, it cost her and the party. And while the UCP’s spokesperson came out to give the denunciation, Kenney himself has been silent on this, which will risk his looking like either tacit endorsement or that he’s not taking white nationalism seriously enough. And while people say that nobody could accuse Kenney of such a thing, given his history of being the Minister of “Curry in a Hurry” and attending every buffet by an ethnocultural minority back when Stephen Harper gave him the citizenship portfolio, what that ignores is the fact that Kenney also played very cynical games with those newcomer communities, putting them against each other (particularly immigrant communities against refugee claimants), and focusing on those communities where he felt he could exploit their social conservatism for his benefit. That did get noticed in some of those communities, and it’s in part why the supposed shift in immigrant votes didn’t actually happen outside of a pervasive media myth that wasn’t born out in fact.

The point has been made that if we don’t want to ensure that all politicians and candidates are in bubbles that this sort of thing will keep happening – particularly if groups like these show up and events and pose with politicians in an attempt to legitimate themselves, and as Paul Wells pointed out on Power & Politics (at 46:20 on the video), there is a whole cottage industry of Conservatives who search for photos of questionable people who have posed with Trudeau and company doing the very same thing (recall Jaspal Atwal doing the very same thing, leading to the overwrought denunciations of the India trip). This is true, and it shows that there is fallibility in any kind of “vetting” of people who pose with photos – and the fact that “vetting” these things is less of an organized thing than people, including in the media, seem to think. But this being said, when the group looking to pose with you seeks legitimation, it’s incumbent on the politicians to denounce what they stand for, and if it keeps happening (like what is going on here) that the leader should say something – but it also should give pause to reflect on what it is they’re saying that is attracting these sorts. Just saying “we don’t agree with xenophobes” while playing the xenophobia tuba, like Maxime Bernier, can’t cut it either. We’re not fools, and shouldn’t be treated as though we are when things like this happen, and keep happening.

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Roundup: Carbon tax opportunism

The latest round of carbon tax drama has the Conservatives drunk with glee, as Manitoba premier Brian Pallister’s decision to scrap his own carbon tax plans has them thinking that they now have a national momentum against carbon taxes. It’s not likely to be that simple – and they may find out that it may blow up in their faces. Pallister says he changed his mind about it after meeting with Trudeau, and found Trudeau intransigent on letting Manitoba keep their tax at a flat $25/tonne when everyone’s else was ramping up to $50/tonne, which sounds like a no-brainer – you want a consistent carbon price across the country to prevent leakage and to keep a level playing field. (Pallister also claims that their plan was so comprehensive, but in interviews would point to things like remediating mines and recycling programmes, which are not about addressing climate change, and his deliberate misinformation should be called out as such). But it also smacks of opportunism, given that small-c conservatives across the country are taking the election of Doug Ford in Ontario as some sign that there is an uprising against carbon taxes when that was very likely not the cause of his election, but rather it was the impetus for change from the province’s tired Liberal government. Overreading Ford’s “mandate,” if we’re going to use that word, is dangerous for them to do. Meanwhile, Ford was yukking it up with Saskatchewan premier Scott Moe in their insulting the federal carbon tax, each believing their mutual court challenges are going to go somewhere (they’re likely not), and Ford would say things like a carbon tax is the worst thing in the world and will do nothing for the environment – complete falsehoods, and all he has to do is look at BC to show the complete opposite.

The federal government, meanwhile, hasn’t been terribly eloquent in their response, on the one hand decrying Pallister’s “flip flop” and worrying that conservatives want pollution to be free, while also pointing out that when the federal backstop comes in, people will be getting cheques in the mail. And that’s going to be the Achilles heel of the federal Conservatives’ belief that the country is going to rise up against carbon taxes. They keep pushing the narrative that it’s a tax grab to feed the Liberals’ “out of control spending” when it’s in the enabling legislation for the carbon tax that the funds will be rebated. But the government hasn’t been eloquent – and has been barely competent – when it comes to any kind of messaging on this file, and that’s the part that will probably hurt them the most, and it’ll be a self-inflicted wound, which makes you just shake your head watching it all go down.

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Roundup: All about the New NAFTA

So, now that we have some more information about just what is in this renewed NAFTA agreement (no, I’m not going to call it by Trump’s preferred new title because it’s ridiculous), we can get some better analysis of what was agreed to. Here’s a good overview, along with some more analysis on the issues of BC wines, online shopping, intellectual property, Indigenous issues (though not the whole chapter they hoped for, and the gender chapter was also absent), and an oil and gas bottleneck issue whose resolution could now save our industry as much as $60 million. There is, naturally, compensation for those Supply Management-sector farmers who’ve had more access into the market granted (though that access is pretty gradual and will likely be implemented in a fairly protectionist manner, if CETA is anything to go by). There is, however, some particular consternation over a clause that gives the US some leverage over any trade we may do with a “non-market” country (read: China), though that could wind up being not a big deal after all and just some enhanced information sharing; and there is also the creation of a macro-economic committee that could mean the Bank of Canada may have to do more consultation with the US Federal Reserve on monetary policy (though I have yet to find more details about this change). But those steel and aluminium tariffs that Trump imposed for “national security” reasons remain, as they were always unrelated to NAFTA, and their removal will remain an ongoing process.

With the news of the deal also comes the behind-the-scenes tales of how it all went down, and we have three different versions, from Maclean’s John Geddes, the National Post’s Tom Blackwell, and CBC’s Katie Simpson.

https://twitter.com/InklessPW/status/1046750795461357568

Meanwhile, Andrew Coyne posits that the damage in this agreement is slight but there was no hope for a broader trade agreement given that there were protectionists on both sides of the table. Likewise, Kevin Carmichael notes that the deal limited the potential harm that was looming, but didn’t really break any new ground. Andrew MacDougall says that the deal gives Trump the win he needed before the midterms, while it will also make it hard for Andrew Scheer to stick anything on Trudeau around the deal. Chantal Hébert agrees that if Trudeau loses the next election that it won’t be because of this trade deal. Paul Wells, meanwhile, takes note of how the Conservatives are playing this, trying to lead observers by the hand to show them that Trudeau “failed” in these talks, while glossing over all of the actual context around why these negotiations happened in the first place.

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Roundup: Effacing labour

Yesterday having been Labour Day, there were a couple of topical stories out there – that the government’s look at updating the Canada Labour Codemay look at more measures to help with work-life balance, and that there are ideas on the table to look at taxing robots who replace workers with automation (though this seems fraught with all manner of complications). There is even talk about how this government has given the labour movement a seat at the table with trade negotiations (though there is some talk about how it’s all for show, and that they have little actual impact). But all of this having been said, I found the statements by the leaders to be interesting.

https://twitter.com/MinWorkDev/status/1036629441517182984

Trudeau’s tweet was fairly standard, spoke about the labour movement, and the attached statement went into more detail about the achievements of the aforementioned labour movement. His minister of labour, Patty Hajdu, had a video message that talked about ways they are working on improving the current conditions, with a focus on harassment and coming pay equity legislation. Jagmeet Singh, true to NDP form, spoke about the focus on workers. But Andrew Scheer?

Nothing about the actual meaning of Labour Day. Nothing about the gains made by the labour movement, or the safety of workers, or the eight-hour work day, or weekends. Nope. It’s a holiday before getting “back to the grind.” Now, the previous government was no friend to labour, with vexatious legislation designed to make certification harder, impose onerous financial reporting requirements, the fight with public sector unions over sick days, and numerous back-to-work bills. But to not even mention the history of the movement and the gains made, whether it’s with occupational health and safety, weekends, pensions, anything? It smacks of pettiness, and of effacing history – you know, something he gets riled up when it’s a statue of Sir John A. Macdonald, but apparently not the Winnipeg General Strike.

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Roundup: Barriers and non-solutions

As part of a discussion on Power & Politicsyesterday on barriers women face in politics, there were a few well-worn tropes thrown out there, but I wanted to poke into a couple of the items discussed (much of which I’ve already written about in my book, but a refresher course never hurts):

  1. This needs to be an issue addressed by the parties at the grassroots level and shouldn’t be legislated top-down. Parties are already too centrally controlled, and if you want empowered MPs that are women and those who are from diverse communities, they need to participate from the ground-up rather than be appointed top-down.
  2. The side-effect of quotas, be they de facto or de jure, tends to be that women and minorities are nominated in “no-hope” ridings. We’ve seen this time and again, even from the NDP, who have their “no nomination can be run unless the riding association has exhausted the possibility for an equity-seeking candidate” rule. That rule is often conveniently broken if they think they have a winnable straight, white male candidate, and 2011 is a perfect example of how they loaded a lot of women and racialized candidates in “no hope” Quebec ridings that got swept up in the “orange wave.” Most were not good MPs, and some had never been to their ridings before winning, which is the opposite of how nominations should be run.
  3. The voting system is not the problem – it’s entrenched barriers in the nomination system where not enough encouragement is given to women to run (i.e. until this last electoral cycle, they didn’t recognize that women need to be asked several times before they will consider running, and they may have things like childcare issues that need to be sorted when running). A PR system usually creates some manner of list MPs, where your women and minority MPs come from lists rather than having had to run and win ridings, which creates two-tiers of MPs. This also manifests itself in countries with quotas, and women MPs in places like Rwanda have seats but little power as a result.
  4. We can’t do much more to make our parliament more “family friendly” without hollowing it out even more than it has been. While there are issues with childcare, MPs are not without resources to address it (like hiring nannies) rather than forcing the institution to hire precariously-employed childcare workers for part of the year with no sense of numbers on a daily basis. While 60-day parental leave is not objectionable, remote voting and Skyping into committee meetings is very much a problem that we should not encourage in any way.

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Roundup: Duffy’s poor arguments

Day two of Duffy’s bid to sue the Senate, and his lawyer came up with some…novel arguments. And it sounds like the judge wasn’t buying many of them. For example, they tried to argue that because PMO was exerting influence on the Senate’s leadership that it should nullify privilege. That’s…creative, and utterly ridiculous. When he tried to argue that the suspension should be invalid because it was done for political purposes, the judge wondered aloud if that meant she would have to call every member of the Internal Economy Committee to testify as to their motives – and no, that wasn’t going to happen she quickly decided. They also tried to argue that because the suspension wasn’t related to legislation that privilege doesn’t apply. But that’s also ridiculous because the ability to discipline its members is among the privileges outlined in Section 18 of the Constitution Act, 1867. So good luck with that.  Oh, and the “indefinite suspension” argument is also void because it wasn’t indefinite – it was until the end of the parliamentary session, and there was a fixed election date, so it would expire at that point regardless. (Also, the Senate’s privileges allow it to expel a member, so arguing that indefinite suspension is tantamount to expulsion is also not a solid argument).

The final argument was a plea to put the Charter ahead of privilege, which would go against previous Supreme Court of Canada rulings that stated just the opposite – that the Charter doesn’t trump privilege, because that would open up a floodgate to litigation against the parliamentary process. There’s a thing called stare decisis, the doctrine of precedent that binds our common law system, and while there are rare cases where it can be challenges, this isn’t one of them. It’s actually quite audacious that his lawyer would make the case, and I’m not seeing any particular argument about how the judge should invalidate a Supreme Court of Canada ruling. So yeah. Good luck to this case, because I really don’t see it going anywhere fast.

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Roundup: A strained partisan detente

There is a strange partisan cold war settling over the nation’s capital, as both government and opposition try to put up a united front against the Trumpocalypse, while at the same time not looking to give up too much advantage, and so they probe areas where their opponents may be weak, but that they won’t look too crassly partisan in exploiting it, kind of like Erin O’Toole did last week when the steel and aluminium tariffs were first announced. The Conservatives and NDP are trying to probe the previous statements about Supply Management “flexibility,” while the Liberals are essentially calling Maxime Bernier a traitor as he starts speaking about his opposition to the system once again. It’s not pretty on either side, and yet here we are.

While Trump has threatened auto tariffs, I’m not sure that’s even remotely feasible given how integrated the whole North American industry is, and those tariffs would not only devastate supply chains, but it would have as many adverse effects on the American industry as it would the Canadian one. Of course, we’re dealing with an uncertainty engine, so we have no idea what he’ll actually do, but hey, the government is working on contingency plans that include further retaliatory measures if these auto tariffs come to pass. As for Trump’s focus on dairy, here’s a look at the size of subsidies that the American dairy industry is awash in. Brian Mulroney, incidentally, thinks this is all a passing storm, for what it’s worth.

Because there are so many more hot takes about developments, Andrew Coyne thinks that there should be debate on how to best retaliate to American threats rather than just rally around the PM. Chantal Hébert notes that Trump has essentially boxed Trudeau in with regards to how he can respond to the threats. Martin Patriquin counsels patience with the Trumpocalypse, so that we don’t go overboard thanks to a few intemperate tweets. Chris Selley notes the sudden burst of solidarity and hopes that they don’t return to bickering over small differences once this crisis passes. Jen Gerson, meanwhile, notes that Trump’s attack are those of a bully trying to pick on a weaker target, but forgets that Canada isn’t weak – we’re just passive aggressive. Gerson was also on Power & Politics(at 1:08:35 in the full broadcast) to say that her genuine fear out of all of this is that it’s all a sideshow designed to turn Canada into some comic enemy for Trump to run against in the upcoming midterms, and I suspect that she’s onto something, and we may be playing into Trump’s hands when if we get self-righteous in our response.

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Roundup: A major amendment at committee

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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