Roundup: Kenney’s a federalist, but…

Jason Kenney made his triumphant return to Ottawa yesterday, now bearing the title of premier of Alberta, and he went before a Senate committee to a) bluster, and b) warn that if he didn’t get his way that separatist sentiment would rise in Alberta, even though he insisted that he’s a federalist, but this was somehow beyond his control. Erm, except an actual federalist wouldn’t give oxygen to these swivel-eyed loons, nor would someone who was actually concerned about the state of the federation feed them a diet of lies and snake oil to keep them angry for the sake of electoral gain.

Part of Kenney’s bluster was his threatening to launch court challenges against Bill C-69 if it gets passed in its current form, because he claims it intrudes on provincial jurisdiction – but he’s also said a lot of bogus things about the constitutionality of his promises (up to and including his threat about holding a referendum on equalisation, which he is also now equivocating on in the media), so I’m not sure he’s got a lot of credibility to spare in this legal analysis. But these kinds of threats also put me in mind a certain sense of contagion with the court cases around the carbon tax, and according to one environmental lawyer that I interviewed recently for an upcoming article, there is a sense that the provinces are trying to lay out markers in the area of shared jurisdiction, and this may be more of that – provinces trying to grab more power for their own sake.

The thing that really bothers me about Kenney’s “I’m a federalist, but…” line is that he doesn’t seem to care how dangerous it is, and how very antithetical it runs to his so-called “open for business” shtick. Do you know what drives away business investment (beyond destroying certainty by promising to tear up the environmental regime that they were partners in developing and increasing the political risk by constantly threatening lawsuits)? Separatist sentiment. Ask Quebec what it did for them, when all of those national headquarters fled Montreal for Toronto (remember when Montreal used to be the financial capital of Canada?) and their housing market plummeted? Yeah, not sure that’s something that Kenney should be trying to repeat, even if he’s using it as a threat. Beyond that, he can’t just say “I’m a federalist, but…” and not take some responsibility for the anger he’s stoked knowing full well that he can’t deliver on those promises, which will just cause that anger to fester. I know some people are trying to claim that he’s simply trying to channel that separatist sentiment into more harmless paths, but he’s courted it rather than smacked it down. “I’m a federalist, but…” just winks to them, and it’s beyond irresponsible.

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Roundup: PEI’s alarming adventures

Yesterday, the lieutenant governor of PEI gave the nod to PC leader Dennis King to attempt to form a government, and the whole thing is going to make my head explode because dear sweet Rhea, mother of Zeus, nobody has a clue what they’re doing. Not one of them. It’s alarming. (Side note: While the media have been saying that there would be a PC minority government, or that King was premier-designate, none of that became fact until today, and media outlets not only jumped the gun, but were attempting to short-circuit the process, which is a very bad thing).

Where to begin? How about the fact that the lieutenant governor, Antoinette Perry, was giving a media statement about her decision? Because no, she absolutely should not. And King? He says that he’s thinking about naming members of other parties to Cabinet, before preparing his Speech from the Throne and first budget “in consultation” with said parties. Again, this is utter insanity. Unless you have a formal coalition, you can’t have members of other parties in Cabinet because of Cabinet solidarity. Otherwise, they would just be de facto floor-crossers, which again, if that’s what you want then just go ahead and poach them, but be honest about it. As for King saying that he hopes that by “consulting” on the Throne Speech and budget that the opposition won’t oppose them for the sake of opposing them, well, he seems to be missing the whole point of the opposition, particularly with the budget. The opposition’s job is to argue why the government doesn’t deserve Supply to carry out their programme – they are supposed to be making that case. Having all parties vote for it defeats the purpose of why we have an opposition.

And then there’s Green leader Peter Bevan-Baker, who may or may not actually be leader of the opposition, given that he’s talking about some kind of supply-and-confidence agreement with the government rather than being the opposition. And you can’t be both Her Majesty’s Loyal Opposition while signing a supply and confidence agreement to prop up said government. It doesn’t work like that, because it blunts your ability to hold them to account because you need the threat of being able to remove confidence to do so. And it’s astounding that he doesn’t seem to get that basic constitutional role or function. I know that people somehow think that “cooperation” or “collaborative” governments should be the way things work, but they’re wrong, because that does away with accountability, which is at least as important. When everyone is accountable for decisions, then nobody is accountable, and that will be the death knell of our political system. It would be great if Bevan-Baker understood that simple bit of civic literacy.

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Roundup: The ouster of the dissidents

After a day of bated breath, and rumours of regional caucus meetings, Justin Trudeau decided to pull the plug and expel Jody Wilson-Raybould and Jane Philpott from Liberal caucus, ostensibly saying that trust had been lost. While Wilson-Raybould would not say that she had confidence in the prime minister, Philpott went on camera that morning to say that she did, that her loss of confidence was solely in the handling of that one issue but otherwise she was still a good Liberal, but that wasn’t enough. For her part, Wilson-Raybould sent a letter to her caucus mates to plead her case, that she felt she was standing up for the values they shared and was trying to protect the prime minister from a “horrible mess,” but it didn’t sway any minds it seems. In the intervening hours, the texts and notes that Gerald Butts submitted to the Commons justice committee were released, and it mostly focused on the Cabinet shuffle, with the assurances that she was not being shuffled because of the SNC-Lavalin file, but because they needed someone with high profile for one of the highest-spending departments and she refused Indigenous Services. (Wilson-Raybould was also convinced that they were planning to replace her chief of staff with one of two PMO staffers she accused of trying to pressure her, which Butts said was not the plan, and which has not happened, for what it’s worth). I did find that Wilson-Raybould’s concern about the timing of the shuffle was suspicious, considering that the SNC-Lavalin file was on nobody’s radar until the Globe and Mail article, and her warnings of Indigenous anger if she was shuffled is also a bit odd considering that her record on addressing those issues while she was in the portfolio were…not exactly stellar.

When the “emergency” caucus meeting happened, Trudeau had just informed the pair that they were expelled, and he gave a lofty speech about trying to do politics differently, and sometimes that was hard and they didn’t always get it right, but he called recording the conversation with the Clerk of the Privy Council to be “unconscionable” (though it bears reminding that Philpott did not partake in this), and that they needed to be united because Liberals lose when they fight among themselves – and then he went into campaign mode. Because of course he did.

In the aftermath, Philpott put out a message that described her disappointment, and noted that she never got the chance to plead her case to caucus – though one imagines that for most of the caucus, the interview with Maclean’s, the hints of more to come, and what appeared to be a deliberate media strategy was her undoing, and her last-minute declaration of loyalty wasn’t enough to save her. She does, however, appear to want to stay in politics, so that remains interesting. Wilson-Raybould tweeted out a message that was unapologetic, rationalised her actions, and talked about transcending party, so perhaps that’s a hint of her future options. Andrew Scheer put out a message saying that there’s a home for anyone who speaks truth to power among the Conservatives, which is frankly hilarious given how much they crushed dissent when they were in power. (Also note that the NDP won’t take floor-crossers who don’t run in a by-election under their banner, and if they “make an exception” in this case, that will speak to their own principles. As well, if anyone thinks that they’re a party that brooks dissent, well, they have another thing coming). Liberals, meanwhile, made a valiant effort at trying to show how this was doing things differently – because they let it drag on instead of instantly putting their heads on (metaphorical) spikes. And maybe Trudeau was trying to give them a chance – he stated for weeks that they allow dissenting voices in the caucus – but the end result was the same.

In hot takes, Andrew Coyne says the expulsions serve no purpose other than vindictiveness, and that it’s a betrayal of the role of backbenchers to hold government to account. Susan Delacourt marvels at how long this has dragged out, and whether it’s a signal of dysfunction in the centre of Trudeau’s government that it’s carried out as it has. Robert Hiltz zeroes in on the lines in Trudeau’s speech where he conflates the national interest with that of the Liberal Party, which has the side-effect of keeping our oligarchical overlords in their comfortable places.

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Roundup: Hunkering down in the PMO

The Double-Hyphen Affair took a bit of a breather yesterday, but will be back in full gear today as Gerald Butts and Michael Wernick testify at the justice committee. It will be interesting to see how they try to refute (or at least nuance) Jody Wilson-Raybould’s testimony last week, without trying to cast her as the villain or the problem. Meanwhile, Justin Trudeau cancelled an appearance in Regina yesterday and returned to Ottawa to hunker down, and his office is floating the news that he’s going to try for a more conciliatory tone – with some new lines that he tested out at the Toronto audience on Monday night. Elsewhere, Liberal MP Steve MacKinnon had to walk back his comments that SNC-Lavalin was “entitled “ to a deferred prosecution as a poor choice of words (no kidding), but said that they remain a candidate for one. More Cabinet ministers are giving their reassurances to the media, such as Chrystia Freeland did yesterday, including the assurance that yes, Trudeau is still a feminist leader. Also making the rounds was former Liberal deputy prime minister Sheila Copps, who took the aggressive line that Wilson-Raybould and Jane Philpott were unused to the rough and tumble of government because they hadn’t spent any time in opposition, and she urged Trudeau to kick them out of the party (which I think would be an even bigger mistake, but what do I know?) We also learned that David Lametti has asked for outside legal advice on “issues raised” by the current Affair – but not the question of the deferred prosecution agreement itself, in case anyone thinks this is him buckling to the kind of pressure that Wilson-Raybould was alleging.

For context, Tristin Hopper talks to a number of legal and constitutional experts about what has transpired in the Affair, and lo, this is largely a political issue that will have a political solution. Imagine that. Here’s an examination of how the playing field remains tilted against Wilson-Raybould because of her status as an Indigenous woman in what has been a field dominated by white men. Here’s a look at how the Liberals could turf Trudeau (but seriously, if you want a better discussion on this, read my book).

In pundit reaction, Susan Delacourt wonders why Trudeau keeps finding himself surprised by these recent events, particularly the resignations. Jason Markusoff warns that the Liberals appear to be gearing up to use “the other guys suck” as their campaign platform. While there is no hint of a backbench revolt (no, seriously), Kady O’Malley nevertheless games out how such a revolt could bring down the government. Philippe Lagassé expands on his previous post to talk about how this whole Affair proves that our system of parliamentary accountability is actually working. My column assesses the state of play for Trudeau, and how his way out of this Affair is going to be extremely tough to achieve.

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Roundup: The Philpott extraction

Because the government’s handling of the Double-Hyphen Affair (as I am now dubbing it) needed another bombshell, it came in the form of Treasury Board president Jane Philpott resigning, citing that she had lost confidence in the government over its handling of the Affair, and because she could no longer abide by the principles of Cabinet solidarity throughout it. It’s a rare resignation on principle, and one that causes no end of damage to Trudeau (and more importantly for his electoral chances, his brand). To lose of his most capable ministers is far harder to try and pretend is just a disagreement over semantics than he could with just Jody Wilson-Raybould off-side.

Trudeau, of course, shrugged it off at his event that evening, still showing no contrition, but he did deploy some lines about “encouraging disagreement and debate,” and that there was “important debate” about how the ministry conducts themselves, which could signal that more heads are about to roll. Maybe. But the Liberals continue to hurt themselves, as parliamentary secretary Steve MacKinnon went on the evening politics shows and made the tactical error of saying that SNC-Lavalin was entitled to a deferred prosecution agreement, because otherwise they were at a disadvantage to international competitors who were able to get such agreements form their own governments. The use of “entitled” set off everyone’s alarm bells, and one imagines he’ll be cringing about it for the next few weeks if this whole Affair carries on much longer.

For context, there have only been two – maybe three, depending – resignations on principle in recent history. Here’s a recap of Philpott’s time in politics.

In punditry, and of course there was no shortage of hot takes, Robert Hiltz wonders how much longer this whole Affair can keep going on, particularly if Trudeau keeps on his current path. Matt Gurney wishes the Liberals luck in spinning the departure (indeed, Trudeau basically shrugged it off), while Jen Gerson says that Trudeau’s handling of this Affair has turned it into an existential crisis for his government. Paul Wells takes it a step further, pairing this with the shenanigans going on in Queen’s Park with the firing of the deputy OPP commissioner, and wonders if the culture of respect for the rule of law is being eroded in this country, sacrificed at the altar of political expediency. (This after Wells also accused Trudeau of essentially being a phony, not governing in the way he presents himself to the world). Chantal Hébert ponders whether Trudeau is capable of raising his game after the past three weeks. Susan Delacourt points out that the way this has played out is so different from previous departures that it leaves Trudeau without any kind of guidebook, and makes the added observation that women are changing politics – but not in the way that Trudeau expected.

In advance of this all, however, Andrew Coyne penned another one of his missives about this Affair, decrying that the system hasn’t worked because it was up to one woman to keep the system intact. Philippe Lagassé pushes back against this particular depiction, and I’m Team Phil on this one.

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Roundup: Welcoming (another) investigation

And thus, the SNC-Lavalin/Wilson-Raybould drama rolls along (and don’t you dare -gate this, or I will hunt you down and hurt you). The day began on a few different developments – first, that the Ethics Commissioner said he would begin “an examination” into the matter (which everyone stated was an investigation, though for a matter that has involved the parsing of words, I’m not sure that one is equal to the other), and that the Prime Minister said that welcomed the investigation from the Commissioner (possibly because it will take seven to nine months), that he’d spoken with Jody Wilson-Raybould twice over the past couple of day and stated that when they met back in the fall, and that he told her that any decisions around the Public Prosecution Service were hers alone (in the context of the public lobbying that was being done on all sides). And more to the point, he noted that the fact that she’s still in Cabinet should be proof that what’s alleged didn’t happen, as she would have resigned out of principle if she had been pressured, per the Shawcross Doctrine, and if he didn’t have confidence in her, then he wouldn’t have kept her in Cabinet. Oh, and he would ask the current Attorney General to look into the matter of whether he could waive solicitor-client privilege, because it’s not a simple matter (which got legal Twitter buzzing again).

Of course, none of this is proof enough for the opposition parties, who are demanding that the Justice Committee study go ahead, and the meeting is called for Wednesday, though the Chair has said that he’s hesitant because of the way in which the meeting was called, and the fact that he’s afraid of it simply becoming a partisan circus rather than a useful non-partisan exercise in getting to the truth of the matter. Other Liberals, like New Brunswick MP Wayne Long, is hoping the committee does take up the matter because he’s “troubled” by the allegations, while Celina Caesar-Chavannes is coming to Wilson-Raybould’s defence in light of accusations that there is a smear campaign in the works. And as added context to what is at stake, the federal government signed $68 million in new contracts with SNC-Lavalin last year, and they have a stake in some major projects.

Meanwhile, University of Toronto professor Kenneth Jull walks through the benefits and problems with deferred prosecution agreements like SNC-Lavalin has been pushing for. Kady O’Malley’s Process Nerd column goes through procedurally what is likely to happen during Wednesday’s justice committee meeting. Lawyer Michael Spratt sardonically wonders if Wilson-Raybould couldn’t achieve any of the promises in her mandate letter because she was being held back by PMO. Andrew Coyne remains adamant that there has not been a proper denial in any of this mess, as the PM continues to step on his own messaging, like he so often does.

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Roundup: Polling on magical parties

I am not a big fan about reporting on polls, which makes me particularly aggrieved that we saw a few stories today about the latest Angus Reid poll that postulated a hypothetical “Western Canada Party” and how that would skew the vote for the established parties. Why a poll like this is especially irksome is because when you invite people to vote for a hypothetical that has no leader, or policies, or structure, or even raison d’être, then it simply becomes a repository for unicorns and pixie dust. You’re inviting people from four fairly disparate provinces to join forces, when you have separate grievances with the federal government, and you think you’d make a coherent political force out of it? Really? What exactly is anyone supposed to take from this message, other than people have vivid imaginations?

Of course, the idea is pretty ludicrous on its face – it could never be anything other than a protest party that couldn’t aspire to power by sheer mathematics – and it builds on some particular mythology around the Reform Party that I’m not sure necessarily reflects history. You have people like Deborah Grey who hears this and just sighs about the notion about splitting the Conservative party again (though there is plenty to debate about how we qualify the “reunification”). Should Andrew Scheer read this poll and take it as a warning that his Western base thinks he’s pandering too much to Quebec? We’ve already seen him embrace some outright tinfoil hattery because he’s been spooked by Maxime Bernier and losing those votes – will he crank up his faux-Saskatchewan credentials to eleven for the rest of the election to keep pretending that he’s one of them to bash away at the federal government? Will we hear big and small-c conservatives double down on the faux mythology of Alberta’s conservativism (and if you haven’t yet, please do read Jen Gerson’s exploration of that mythology here). “Ooh, but protest vote!” people will handwave. But BC and Alberta would be protesting against different things – and different parts of BC would have different protests at that. Grievance-mongering is not a path to sustainable politics. Polls like this just confuse issues and make people think that there are magic wands – or in this case, magical political parties that could somehow cure all of their woes by forcing Ottawa to take them seriously, somehow. But that’s not real life, and politics is hard work, which is not something that this kind of polling reflects.

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Roundup: The C-69 battle begins

The Senate’s Energy and Environment committee is slated to begin their examination of Bill C-69 today, which promises to be a right gong show as the Conservatives have been pledging to do everything they can to kill the bill, which could mean attempting to delay things as long as possible – which is one reason why they have been aggressively pushing for the committee to hold cross-country hearings. This is being pushed back against by the government whip – err, “liaison,” and the leader of the Independent Senators Group, but that hasn’t stopped the agitation. Conservative Senator Michael MacDonald went so far as to pen an op-ed in the National Post that says the prime minister is trying to “keep the Senate from the people,” which is absurd on its face considering that Trudeau’s hands-off policy on the Senate is one reason why the Chamber is in a bit of disarray at the moment.

Meanwhile, there will be an effort from non-Conservative senators to see amendments to the bill, which could create its own delays as the debates and votes on those amendments could get drawn out for weeks, while the parliamentary calendar ticks down. (For reference, I wrote this piece last week, talking to lawyers on both the environmental and proponent sides of the issue about the kinds of amendments they would like to see). The bill has its issues, no doubt, but the rhetoric around it has reached hyperbolic proportions, and much of the opposition we hear has become based on myth rather than fact or analysis. That’s going to make the Senate’s deliberations more difficult in the weeks ahead, as people will be howling about non-existent segments of the bill, and we’ll hear the daily demands in QP that the bill be withdrawn, never mind that the current system isn’t working and has been the subject of numerous court challenges. I suspect this will become a very nasty fight before the end of spring.

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Roundup: No magic wands or Senate public bills

Prime minister Justin Trudeau went to Edmonton yesterday, and amidst his many media appearances, made a few key points – that getting approval for Trans Mountain was a priority, that while considerations like an appeal or legislation were part of the “all options on the table,” he also made the point that he won’t use “legislative tricks” to get it through, and made some pointed comments about the Conservatives demanding that he wave a magic wand that doesn’t really exist to get it built. If you listened to what he was saying through the layer of pabulum that wraps all of his statements, the core point was that they will comply with the Federal Court of Appeal decision and find the best way to fulfil the roadmap to approval laid out therein.

And oh, what legislative tricks are being proposed. In a particularly boneheaded move, Independent senator Doug Black insists that passing his Senate Public Bill on the Trans Mountain pipeline will declare it in the national interest, and poof, problem solved. (He also suggested giving the NEB four months to redo the portions of the assessment related to marine tanker traffic, when credible people who know these processes say that’s a six-month process, so score another win for Black’s credibility). The problem of course is that there is no actual legislative solution to the issue – the certification is a Cabinet decision, and while some people suggest retroactively changing the legislation to keep the NEB scoping as it was in the report Cabinet based its decision on that the courts found to be flawed, that’s a prospect that will only engender more litigation and will cause further delays – which is why Trudeau has been making the point that they need to ensure long-term solutions so that there will be investor confidence (as Suncor’s CEO announced that they would halt any expansion of their operations until there is a firm pipeline in the ground). Oh, and no piece of legislation can get around Section 35 obligations for the duty to consult, and while I can see some political merit in getting the Supreme Court to weigh in on what exactly constitutes meaningful consultation, it sounds an awful lot like passing the buck to them in order to take the heat off of a political issue, which they really don’t appreciate, and frankly they’ve ruled enough times that governments should have a good idea about what constitutes meaningful consultation.

To add fuel to this fire, Jason Kenney has started making pronouncements about how this recent Court decision is “fuelling separatism” in the province, which really irks me because this wasn’t some bureaucratic decision out of Ottawa – it’s about the rule of law (and if you really want to be technical, the bureaucratic decisions of the NEB came out of Calgary, which is where their headquarters are located). Kenney is being a bad actor and is holding out lighters for arsonists to grab, only to turn around and say “Who, me? I wasn’t inflaming anything! I’m just relaying what I hear,” which is a very dubious denial, and he’s playing with fire in order to score some cheap political points. Add to that, his agitating against the rule of law has darker authoritarian tones, as Colby Cosh pointed out last week, given that this notion about Canada not being “open for business” because the courts protect peoples’ rights. He should be called out on this, rather than being encouraged to keep making these points by credulous journalists (just like those same voices who let Senator Black go unchallenged in that piece).

Meanwhile, Andrew Coyne makes that very point – that this ruling is about the rule of law, and that’s a good thing. Too many actors in this are trying to muddy the waters or accuse the judiciary of some kind of activism that they’re not actually doing (while encouraging their own type of activism that would ignore the rule of law in favour of perceived economic benefit), which is a very worrying sign.

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Roundup: On track for a final cannabis vote

Over in the Senate, some of the drama around the cannabis bill has resolved itself and we can look forward to some structured, orderly report stage and third reading debate leading up to the June 7thfinal vote. And yes, before you say anything, the Conservative senators are playing along and have been swearing up and down that they will respect this date and not try to play any games and delay it further. (They also know that they’ve burned a hell of a lot of political capital on unnecessary fights lately and aren’t keen to burn any more).

To recap, part of the drama has been that the Conservatives still plan to move amendments at Third Reading, which is their right. But they wanted this as part of the structured plan, and the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, wasn’t playing ball, and wanted the Social Affairs Committee – which funnelled all of proposed amendments from the four other committees that studied the bill and voted on them there – to have a look at those amendments first. And the Conservatives, rightfully, refused. And then members of the Independent Senators Group started giving quotes to newspapers about how they were open to real amendments and not those that were “superficial, tactical, unenforceable, or would only serve to delay this bill.” That, and throwing more shade about how they believed the Conservatives were just playing games, because the modus operandi seems to be that anything the Conservatives do is partisan and therefore bad, but anything they do out of a shared belief is not partisan and just fine, which is a lot of bunk. And some of the Independent senators are getting downright condescending in trying to make that particular case. Suffice to say, peace has broken out after the ISG got over their issues about the amendments, and they now have a plan for debate that will carry them through to the vote on the 7th.

Meanwhile, there is talk about whether the amendments to C-46 – the impaired driving bill – will survive a full vote in the Senate after the likely unconstitutional provisions around random alcohol testing. ISG “facilitator” Senator Woo is hinting that they would vote to reinstate the provisions. I will add, however, that I am not absolutely not buying their supposition that senators were trying to simply embarrass the government by returning the omnibus transport bill to the Commons a second time because it was their own Independent senators who insisted on those amendments. Sometimes senators insist on amendments because they think they’re in the right – which is a novel concept, I’m sure.

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