Roundup: The extremists weigh in

As the grifter convoy 2022 gets closer to Ottawa, it is attracting more online attention from some unsavoury circles. Some of them have been calling for this to be Canada’s January 6th insurrection, which one might think would give some Conservative MPs pause, but nope. No denunciations have yet been forthcoming. Another group associated with the convoy, calling itself “Canadian Unity,” seems to think they can force the government to sign some kind of quasi-legalistic “Memorandum of Understanding” that would essentially force the all governments, federal, provincial and municipal, to rescind all public health measures and dissolve the government so that said group can rule by fiat. Erm, yeah, that’s not going to happen.

One of the organizers (who has the GoFundMe in her name) says she won’t tolerate extremist rhetoric associated with said grifter convoy, but yeah, good luck with that. And if things do turn violent, well, that could trigger anti-terrorism financing laws to everyone who donated to those GoFundMe accounts.

https://twitter.com/StephanieCarvin/status/1486064285361086469

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Oh, and the federal government isn’t budging on the vaccine mandate, and if they think a convoy like this will change the Americans’ minds for their own mandate, well, good luck with that delusion.

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Roundup: At long last, the mandate letters

On what turned out to be the final sitting day of 2021 for the House of Commons, the prime minister finally released the mandate letters for his ministers, nearly three months after the election, and two after they were sworn in to their new jobs. I’m not sure how well I can articulate the utter absurdity of the situation, because there is really no excuse why it took this long (let along why it took him as long as it did to swear in his Cabinet or to summon Parliament). The fact that they were released after the House agreed to rise at the end of the sitting day means that there can be no interrogation of these letters by the opposition until January 31st, which is way too long.

As for the letters themselves, there is a theme among them about building a more inclusive and fair country, and for tangible results to be better communicated to Canadians (you think?). Some of the highlights include:

  • Ordering several ministers to take a harder line on trade tensions with the US
  • Resurrecting legislation on CanCon requirements for the internet and having web giants pay news outlets, as well as modernising the CBC
  • Renewed action to fighting systemic racism, along with a number of initiatives directed toward the Black community
  • Implementing UNDRIP in all decisions
  • Developing a new cyber-security strategy

No doubt more attention will be paid to these letters over the coming days, and we’ll see how much misunderstanding comes from them (recall the line about not creating new permanent spending programmes from Chrystia Freeland’s previous letter which people took to mean all rather than in the context of COVID supports). It also looks like we’re getting talking heads grousing about inclusivity as though it were somehow a distraction from economic growth when inclusive growth is where the country needs to be headed to head off economic challenges plaguing us since before the pandemic.

https://twitter.com/kevinmilligan/status/1471544703212404736

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Roundup: A costing document with too-rosy projections

The NDP released their platform costing document at 4:30 PM on a Saturday – the second day of advanced polls – a time of day where most of the population will have tuned out already. This was a choice, much like the Conservatives releasing theirs right before the debates – so that attention would be elsewhere. Why? Because as much as they might dress it up, there’s not a lot in there that is credible.

There is some $215 billion in proposed new spending, some of which is difficult to see is feasible, such as their plans for a basic income for the disabled – they have no costing details for it from the PBO, and that is largely intersecting with provincial benefits programmes, and one economist who looked at the number said it’s way too low. Their revenue projections in particular are very, very rosy, and an expert I reached out to said it’s impossible to get that money, especially in the first two years, because of the amount of administration necessary to capture it. So that blows their projections out of the water. But wait, they will say – we got the PBO to cost it and got his stamp of approval! But he was working with their inputs and assumptions, and implementation matters (which is why he shouldn’t be costing platforms in the first place, because implementation involves political decisions). If they tell him that revenues can start in the next year, he has to operate on that assumption, even though it’s not possible, so they get figures that won’t bear out in reality, but they can wave them around and say they have a stamp of approval. It’s a problem, and it’s another example of how parties play games with promises that they don’t spell out how they’ll implement, which increasingly means that those promises are hollow (and yes, all parties are guilty of this).

https://twitter.com/AaronWherry/status/1436825763806957574

Meanwhile, on the subject of the Conservatives’ “carbon savings plan” and the points they claim you’ll accumulate in lieu of a tax rebate, here’s energy economist Andrew Leach on how impossible that will be to implement. It’s a long thread, but a worthwhile one, because once again, implementation matters. And this is clearly a plan that there is no intention to actually implement (especially considering that their costing document claimed its costs would be negligible – another fiction).

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Roundup: An insubstantial gong show of a French debate

So, that was the French “Commission Debate.” Honestly, they should just burn this whole format down. The questions from “ordinary Canadians” are the kind of bullshit that TV executives think that people will spoon up (in spite of the stone-faced eleven-year-old unimpressed with the leaders pandering to him). Getting talent from each of the participating partners to ask questions is branding nonsense that adds little, especially when these same journalists can ask questions of the leaders in media availabilities daily. Packing in a list of topics that needs to be choreographed to the second means that the moment a leader started to get on the ropes about something, oops, time was up, next topic. Ridiculous.

With this in mind, it was another night of no real winners or losers, because it was just so insubstantial. Sure, Erin O’Toole choked on the child care question, but will it matter? Who knows? Same with Singh getting hit with the assertion that Jeff Bezos is in the United States and not Canada, or Annamie Paul getting a stake through the heart with the Greens having lost their raison d’être. They were good lines for the journalists who asked them, but will that actually have an effect? Doubtful. I can’t believe that they’re still trying to make “why are we having an election?” an issue in week four, and I still can’t believe that Justin Trudeau refuses to point out that Parliament was toxic and dysfunctional and couldn’t pass legislation for five months. And that he hasn’t called out the disingenuous “we need to work together” entreaties when these were the same leaders whose MPs were engaged in procedural warfare. But hey, “happy warrior” and all of that. And now we get to do it all again in English tonight.

Meanwhile, here were some of my reactions watching it all unfold.

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Roundup: The PBO’s dubious stamp of approval strikes again

With less than two weeks to go in the campaign, the Parliamentary Budget Officer says he has returned 75 of 100 costing requests, but the Conservatives have not authorised release of any of theirs yet. The Liberals appear to have released most of theirs, and the NDP have only released two so far – but theirs are both fairly problematic.

Their first costing was for their pharmacare plan, basing it on Quebec’s 2016 formulary, and drawing their assumptions out from there for five years, and presumes that they could get a national plan up and running by next year using that formulary as an example. That’s a virtual impossibility, and a national formulary still needs to be negotiated (which the Canadian Drug Agency Transition Office is set up to coordinate once more provinces sign on), but hey, they got the PBO’s stamp of approval. Their costing for their wealth tax is also loaded with plenty of poor assumptions, has a huge uncertainty around a behavioural response – tax avoidance is a whack-a-mole problem – and most importantly, the base assumption is for a tax on “economic families,” when our tax system is built around individual filers. They would need to create a whole new tax system to capture this one percent of net wealth. And as Lindsay Tedds points out, there is no way this could be administered to get revenues for the current taxation year, but hey, the PBO put his stamp of approval on that one too.

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https://twitter.com/LindsayTedds/status/1435349658805624834

The notion that the PBO should do platform costing because he’s “neutral” is a poor move, because costing is an inherently political exercise. It requires implementation decisions that have huge effects on what is being projected, and those are decisions that he should be far away from.

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Roundup: No knockouts in the TVA debate

The first official debate took place last night – TVA’s “Face-à-face” which was a debate in a slightly more behaved format than we tend to see with the consortium/commission debates. All four leaders displayed adequate French – though Erin O’Toole’s accent and pronunciation started to degrade the longer it went on – and it was broadly organized around three particular themes: the pandemic, social policy, and the Canada of tomorrow. As with most debates, there was no “knock-out punch,” the leaders largely held their own, and unlike 2019, no one got cornered and slaughtered as what happened to Andrew Scheer.

There were contentious issues – early on, the other leaders tried to gang up on Trudeau about the “unnecessary” election, which Justin Trudeau countered Yves-François Blanchet’s accusations with a reminder that on four occasions Blanchet voted non-confidence in the government and obviously wanted an election. O’Toole also claimed that Parliament was working together and that made the election unnecessary, but that was a complete lie, and there were five months of procedural warfare brought on by his MPs to drive that point home. Trudeau also made the point that the twenty percent of the population that remained unvaccinated shouldn’t be able to stop democracy, and that our institutions were robust enough to deal with it. Blanchet laid into O’Toole about his plans to cancel the child care programme and withdraw the promised money from Quebec in exchange for tax credits that won’t help create any child care spaces. Blanchet and Jagmeet Singh also got into it on a few occasions, particularly around who called whom a racist in the House of Commons, and on any issue that touched on race, Blanchet kept insisting that Quebeckers weren’t racist. It being a Quebec-centric debate (as opposed to inclusive of francophones outside of the province), it had its moments of parochialism, like the moderator demanding assurances from each of the leaders that the future Moderna plant will be built in Quebec and not Ontario.

While everyone is going to assert that either Blanchet won out of natural advantage, or that their own preferred leader “won,” just because I did want to make a couple of observations. Trudeau is still having difficulty articulating the need for an election – most especially around the toxic parliamentary session in the spring. Erin O’Toole kept repeating that he has a plan, and that he has a “contract with Quebec,” and just repeating those assurances, ad nauseum. He also did most of the interrupting and talking over others throughout the evening. Blanchet was chippy and peevish for much of it, while Jagmeet Singh would dodge direct questions in favour of his usual tactic of reverting to some kind of an anecdote about someone he allegedly met. And here are a collection of quotes from the evening, for what it’s worth.

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Roundup: Questioning the housing numbers

The Parliamentary Budget Officer released a report yesterday on the federal government’s programme spending on housing affordability, and I have questions, both on the report, and on the responses to it. On the report itself, I’m having a hard time seeing how this is necessarily within his remit, and not that of the Auditor General. This is not exactly fiscal or macro-economic analysis – it’s evaluating programme spending, which is the Auditor General’s job. (Once again, the PBO is not a “budget watchdog” or a “watchdog” of any kind, per his enabling legislation). This doesn’t appear to have been at the request of any MPs in particular, though this updates his 2019 report which was requested by an unnamed MP at the time, but again, not really his wheelhouse. “Providing economic and financial analysis for the purposes of raising the quality of parliamentary debate and promoting greater budget transparency and accountability” is being taken a little too broadly.

The findings of the report are that the funds allocated to housing are being underspent, but doesn’t really delve into why, other than noting that some of the spending was related to having to renew bilateral agreements with provinces that were allowed to lapse in 2015, and that CMHC’s programmes have both faced “implementation delays” and that their shift toward funding capital contributions instead of affordability supports spread that funding out over the life of projects. Those “implementation delays” probably deserve a lot more exploration – the fact that municipalities in particular aren’t spending the dollars available fast enough because the projects are bottlenecked in their own jurisdictions (and Vancouver is most especially guilty of this) – and that’s a lot of what this report seems to be light on details about. Housing is largely a provincial responsibility, and aside from providing money, the federal government has very few levers at its disposal, and when municipalities can’t get their acts together, that’s not really a problem the federal government can solve.

As for opposition reaction, it was predictable in that it read the PBO’s topline and not much else. The Conservatives complained that the housing plans haven’t met their targets and that they need a plan that “gets homes built,” which again, is pretty hard to do with the very few levers available at the federal level. The NDP, meanwhile, accuse the government of dubious accounting and broken promises, as per usual, again based largely on topline figures and not the fact that many of the problems exist at the provincial and municipal levels. Federal dollars only go so far and can only wield so much influence, and these are details that matter when it comes to implementing promises.

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Roundup: No, fixed election dates don’t give the GG unconstitutional powers

The “debate,” if you can call it such, over Jagmeet Singh’s decision to undermine Her Excellency Mary Simon by publicly writing her and telling her to refuse the advice of the prime minister who commands the confidence of the Chamber just got more ridiculous, as Andrew Coyne decided to weigh in yesterday (and no, I’m not going to link because hate clicks are still clicks). Coyne contends that the fixed election date law empowers the GG to turn down such a request, and “proves” it by quoting testimony from former justice minister Rob Nicholson at the Senate committee.

No. Just…no.

The logic in Coyne’s argument can’t hold because the Governor General’s role in accepting the advice of the prime minister who enjoys the confidence of the Chamber is the very basis of our constitutional framework under Responsible Government. The only discretion she might have over dissolution is when a request is made shortly after an election – that’s it. Nothing a simple statute, like the fixed election date law, can change a constitutional element, and there is jurisprudence to back this up, particularly the doomed attempts at trying to get the courts to uphold the fixed election date legislation, which they dismissed (including the Supreme Court of Canada). Fixed election date legislation is an empty shell – a bit of theatre and attempt to Americanise our system, and is antithetical to how Westminster systems operate – it shouldn’t be on our books as a result. There is no way that it could empower the GG to do away with constitutional norms to refuse dissolution, and if she did refuse, the prime minister would be obligated to resign, and we’d be in an election regardless. It’s ridiculous and wrong to suggest otherwise.

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What is even more ironic about this whole situation is that Jagmeet Singh and Coyne himself will often rail that the “undemocratic Senate” shouldn’t be allowed to exercise their constitutional powers to veto legislation, and yet they are demanded that an appointed Governor General exercise powers that she doesn’t actually have under the constitution. It’s bizarre, and it’s a lot of bullshit masquerading as principle.

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Roundup: A dubious plan for the next pandemic

Erin O’Toole unveiled his party’s pandemic preparedness plan yesterday, and it was very curious indeed. His framing was a lot of revisionist history about border closures, and some outright fabrications about supposed contracts that went to people with close connections to the Liberals, which has not been shown anywhere other than the fevered imaginations of what happened around the WE contract, and the bullshit story they concocted around Baylis Medical. More than this, however, a number of things that O’Toole was critical of were things that dated back to the Conservatives’ watch – including changes to the management structure of the Public Health Agency of Canada.

The fact that O’Toole is saying he would essentially undo changes the government he was a part of made – without acknowledging that they made the detrimental changes in the first place – is quite something. The fact that they’re going on about the pandemic stockpile without acknowledging that its management failed under their watch, going back to at least 2010 – and we have an Auditor General’s Report that confirms this – is not unsurprising. Other aspects seem to be dubious at best, such as doing something about pharmaceutical patents and doing away with PMPRB (Patented Medicines Price Review Board) regulations in order to appease these companies in the hopes that they will do more research and manufacturing here seems both unwise at best, and will mean higher drug prices for Canadians going forward.

There were some other things buried in there, not the least of which were contradictions around raising tariffs on PPE in order to ensure they are manufactured domestically, while also trying to “secure the North American supply chain” to reduce reliance on imports – but imports from the US and Mexico are still imports. There were also a number of jabs at China in the document, some of which will limit our ability to have international cooperation around research of emerging viruses, and he managed to wedge in the current drama around the National Microbiology Lab firings into his piece as well. The problem of course is that a lot of this sounds like it makes sense on the surface, but the moment you start reading their backgrounder (which doesn’t appear to be online – just emailed to reporters) and scratching beneath the surface, the more apparent it is that a lot of this is hot-air, blame-shifting, and disingenuous rhetoric masquerading as a plan.

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Roundup: Ambrose’s bill becomes law

Bill C-3 passed the Senate yesterday and received royal assent. Many of you will know this as Rona Ambrose’s bill to mandate sexual assault training by judges, and it’s been a weird little ride through the parliamentary process, starting with Ambrose’s original bill in the previous parliament, dying on the Order Paper at the election, and the current government resurrecting it in principle, but not the same bill. Why? Because the original bill was blatantly unconstitutional in how it infringed on judicial independence, and was entirely unworkable in terms of how lawyers who wanted to apply to be judges needed to conduct themselves.

In order to make the bill palatable, it had to be rewritten as a hollow shell – essentially a suggestion for future judges, because anything else would be untenable. So we now have a useless but symbolic bill on the books that will do very little to solve the problem that Ambrose perceived, but instead will have new unintended consequences – namely, as former Supreme Court of Canada Executive Legal Officer Gib van Ert outlines here, that it has opened the door to new bills demanding that judges take training on any other area of law or policy that is the flavour of the day, and while they may be important in and of themselves, it is corrosive to judicial independence because it portrays them as being beholden to the whims of the government of the day rather than maintaining a distance and independence from that government’s wishes.

The more concerning aspect of this bill’s particular path however was just how uncritically it was treated by media outlets around the country. Ambrose would appear on the political talk shows every few months to complain that it was being held up by the “old boys’ club,” and not once did anyone mention the list of valid and legitimate complaints and concerns about the bill, in particular its dubious constitutionality. Not once. The first time it happened, I timed myself in that it took me twenty minutes to review Senate testimony at second reading to compile the list of problems that were raised. Twenty minutes of homework, and not one report or producer of a political show bothered to put in the work, and they simply let Ambrose talk about her bill uncritically, and unchallenged. Not one. It’s kind of alarming that something as important as judicial independence was quite literally ignored by every major outlet in the country, because they wanted to promote a feel-good bill about sexual assault training. That’s pretty concerning.

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