Tag Archives: Privilege

Roundup: O’Toole continues to sit on the vaccine fence with caucus

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Erin O’Toole continues to try and have his cake and eat it too when it comes to ensuring his MPs and senators are fully vaccinated in order to attend Parliamentary sittings. But in his desire to sit on the fence and play both sides, he may have inadvertently shown his hand. After the party’s big caucus meeting in Ottawa yesterday, O’Toole announced that caucus “agreed to respect and abide new rules which require Parliamentarians attending in the House of Commons and Senate to be vaccinated.” But he still planned to raise the point of privilege about the Board of Internal Economy decision, because of course.

But.

It seems that he tripped himself up in French, and spelled out that the plan was for those who “participate in person,” which is a pretty big loophole for the holdouts in the caucus. And yet, O’Toole and his caucus continue to oppose hybrid sittings (as well they should), so anyone who doesn’t show up shouldn’t be allowed to participate virtually either – unless this is yet another case of having his cake and eating it too. “They can’t show up, but they have the option of hybrid, so I guess we’ll allow them to participate that way!” with a show of feigned helplessness to the situation. And we still don’t know how many MPs or senators this affects (though the Senate has not yet issued its own vaccine mandate yet), so it could be three or four, or it could be twelve or fifteen, especially as there appear to be vaccinated MPs who refuse to disclose the fact because they don’t want to appear to their anti-vax constituents like they sold out. So this is where O’Toole finds himself. It’s still a losing battle because any privilege complaint will be voted down by everyone else in the Chamber, even if they try to drag it out until the New Year. And all the while, O’Toole continues to look like he’s pandering to the party’s worst elements rather than standing up to them and demonstrating actual leadership.

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Roundup: Taking his sweet-ass time to meet caucus

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The Liberals are starting to get restless – members of caucus are feeling put out that they haven’t actually had a formal caucus meeting yet post-election, and many of them are champing at the bit to have a closed-door drag out session about what went wrong in the election, and why their own leadership seemed unprepared for it when they called the blood thing in the first place. And telling the Hill Times that they want to know why the party leadership is taking their “sweet-ass time” to call this meeting was the icing on this particular cake.

I’m having a hard time fathoming why it’s taking Trudeau and company so long to get their collective acts together post-election. They made a whole song and dance about how urgently they needed to act while on the campaign trail, only for them to turn around and take said sweet-ass time in both finalising the Cabinet shuffle (and no, the recounts do not account for how long the delay is) as well as their decision to further delay summoning Parliament – and even his planned international travel does not excuse this. They could have had Cabinet sworn in before the Governor General went on her state visit to Germany, and could have summoned Parliament this week, in advance of Trudeau’s planned travel. That would have given them actual time to get committees up and running, and legislation in the system – particularly around the changes to the pandemic benefits – as soon as possible, as opposed to the current trajectory of a three-week sitting that will accomplish very little before they head back to their ridings for the Christmas break.

Additionally, not having a proper caucus meeting by now has reached the point of disrespecting their own MPs. They have things they want to say after the campaign trail, and they should be able to say it – that’s how this system works. It’s a very bad signal that they are being kept away from the leadership like this, because even aside from it betraying all of Trudeau’s talking points about being open and accountable within his own party, that kind of thing will start to fester if it’s not taken seriously. I’m not sure that’s a situation Trudeau wants to go out on in his final tour-de-force as leader.

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Roundup: Performative consultations by the PM

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It is performative consultation season, and lo, prime minister Justin Trudeau held meetings with Erin O’Toole, Jagmeet Singh and Elizabeth May yesterday, and the versions of the conversation released by readouts from both the PMO, O’Toole and Singh’s officers were…quite something. (Thread here). O’Toole demanded an end to CRB and an end to the “wedge politics” around vaccines, while Singh demanded CRB continue, and for the government to drop future appeals of litigation around First Nations children. Both were play-acting tough in their readouts, even though Singh is but a paper tiger. Trudeau’s readouts, meanwhile, were similar and bland, listing the already circulated “priority” items he wants to address right away (and yet is delaying recalling parliament), with no indication of what the other parties said, or if any kinds of agreements were reached.

Something that did come out of the readout with Singh was that Trudeau is in favour of continuing hybrid sittings, and Pablo Rodriguez’s office confirmed that, which is really, really disappointing and frankly mind-boggling. We are not in the same phase of the pandemic, and we are in a place where, with mandatory vaccination and masking, MPs can all safely attend parliamentary duties in-person, end of story. Carrying on hybrid sittings – which only the Liberals and NDP favour – are frankly unjustifiable, given the human toll that the injuries take on the interpreters, and the incredible amount of human and technical resources that they consume (and which have starved the Senate of necessary resources because the Commons gets priority). And just imagine telling the interpreters that they have to keep being subjected to injury because MPs are too gods damned selfish or lazy to do the jobs they’ve bene elected to do. Parliament is an in-person job – it depends on building relationships, which happens face-to-face. Hybrid sittings were 100 percent responsible for the last session devolving into complete toxicity, and if you don’t think that congeniality matters, remember that things don’t get accomplished without it. Those five months of procedural warfare didn’t happen in a vacuum. Saying they want hybrid sittings to carry on is both irresponsible and corrosive to parliament as a whole. There can be no justification for carrying them on.

Meanwhile, in case you thought it was just opposition parties making demands of the government before parliament is summoned, we have plenty of civil society groups calling for the paid sick leave for federally-regulated employees to happen immediately (erm, not how the legislative process works, guys), decriminalisation of illicit drugs, and for refugees and undocumented healthcare workers to be allowed access to a programme that would grant them permanent residency status.

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Roundup: The House of Commons’ vaccine mandate

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The expected happened in a way that was a little unexpected – and perhaps a bit improper. The Board of Internal Economy apparently met (possibly virtually), and decided that as of November 22nd, there is a vaccine mandate for the parliamentary precinct, and that includes MPs, staffers, and contractors. It’s a bit of a cute way of imposing a vaccine mandate on MPs themselves, but it may not fly regarding the Chamber itself because of parliamentary privilege.

Mind you, a privilege argument won’t last long. While the decision to go the route of BoIE seems to be a bit of a dare – and Yves-François Blanchet seems to indicate that he’s of the opinion that this is a legitimate use of its powers (I wouldn’t be so sure), this could easily be challenged in the Chamber, but even if the Speaker determines that there is a prima facie case of privileges being infringed, the rest of the House can vote instead to dismiss it rather than send it to committee, or even if they do send it to committee, vote it down afterward. And they likely will, because all of the parties except for the Conservatives are in favour of the vaccine mandate, so it’ll pass one way or the other. Now the government can head off any challenge by introducing a motion in the Chamber on the first or second day to declare that MPs need to be fully vaccinated in order to be in the Chamber, and they can then vote it through and it’ll be fully legit, so if they’re smart, they’ll ensure that happens once there is a Speaker in place. (This will also likely happen in the Senate, but they are still in discussion in that Chamber, but one can likely assume a similar vaccine mandate will be in place with their own precinct areas and Chamber in a similar manner).

This leaves the question of hybrid sittings. The Conservatives and Bloc have been in favour of ending them, while the NDP have supported keeping it going. The Liberals haven’t officially said, but they have been pushing for this since before the pandemic, so you can bet that they’ll be fine with some form of hybrid ability going forward, which shouldn’t be allowed – the human cost of hybrid sittings when it comes to the toll it takes on the interpreters is frankly immoral to continue with. That will nevertheless by an ongoing conversation between the parties before any order to resume said sittings goes ahead in the first few days of the new parliament – but a rule should also be made that unvaccinated MPs shouldn’t be allowed to simply join by hybrid sitting instead. Parliament, whether in the Commons or the Senate, is an in-person job, and it’s an essential function of this country. The hybrid measures should only ever have been temporary and for the duration of that pandemic emergency, and now that we have vaccines, there is no longer a need for them.

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Roundup: Unvaccinated MPs should stay home without pay

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It has begun – Conservative MPs warning that there will be a privilege fight if they don’t get to come to work in the House of Commons unvaccinated. This time it’s Mark Strahl, who was the party whip in the previous session, and he thinks that they should be allowed to attend if they submit to rapid testing, which is not a prophylactic against COVID. And a privilege fight is nonsense, of course – it’ll be the MPs themselves who set the rules that you need to be vaccinated to be in the Chamber (or possibly in the entire Precinct) – and by then, the rules around needing to be vaccinated to board a plane or train should also be in force. And if Conservatives on the Board of Internal Economy want to protest this rule, they’ll be outvoted, and that’ll be it. And if he brings a privilege motion to the House, the majority there can vote it down as well. There is no winning hand for anti-vaxxer MPs here.

The real question here is whether the other parties will bow to some sort of accommodation scheme, like letting unvaccinated MPs stay home and attend virtually – something I think should be opposed (the Bloc is already opposing it) because Parliament doesn’t work well in a hybrid setting. We tried it, and it was terrible. And frankly, MPs should also insist that those who refuse vaccination should not only have to stay hope – and not participate virtually – but should lose salary as well.

Parliament is an essential service, and they have a lot of work to do, and catering to a small percentage of conspiracy theorists and malcontents is only going to prolong this pandemic, and continue to overburden our healthcare system and create a lost generation of youth who will have missed out on opportunities. MPs are supposed to set an example – that starts with doing the responsible thing and being vaccinated.

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Roundup: The bravery of a hollow stand

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Over the weekend, The Canadian Press had an interview with out gay Conservative MP Eric Duncan, talking about his fight against the blood donation deferral period for men who have sex with men, while at the same time members of his own party have been fighting the bill to ban conversion therapy. And while it’s great that the Conservatives finally have an out gay MP (previously, their only out member was Senator Nancy Ruth, though they had ministers like John Baird were out in their private lives, but simply refused to acknowledge it in the media), and that their new leader professes to want to be more inclusive (apparently in spite of his own members), there is nevertheless something a bit off with the way this has all played out.

The thing about Duncan’s apparent “bravery” with talking about the blood donor policy as a result of his own history with being rejected is that this is not something the government can actually do anything about because Canadian Blood Services and Héma Québec are arm’s length, and Health Canada’s regulatory role is outside of the minister’s purview. Yes, we can ask questions as to why the Liberals promised to end the ban if they couldn’t actually fulfil their promise, but for Duncan (and for that matter, the NDP) to try and hold the government to account for something that they can’t actually do is a problem. Likewise, they too would be making promises that either they can’t keep, or they are proposing a massive and troubling overreach where the government would wind up asserting jurisdiction, bigfooting those arm’s-length agencies, and setting precedents for bigfooting other arm’s-length bodies in the future, which is a very bad thing that we should be very concerned about.

As for the conversion therapy bill, there were no “common sense amendments” that would make it acceptable to the Conservatives without gutting the bill. The bill would not criminalize conversations between parents and children, or with pastors, and this constant fear that social conservatives have had for decades as LGBT+ rights have progressed has never come true, and yet they will keep banging on that drum. As for the refrain that certain senators are pushing that “the government had six years to do this” is disingenuous. There is only so much time in parliament and only so much capacity in government to get everything accomplished, and it’s not like we didn’t have anything else happening over these past six years (such as a crash in oil prices, the Donald Trump years, getting climate legislation passed, advancing the cause of Indigenous reconciliation, of when it comes to LGBT+ issues, getting trans rights enshrined in law – again to these same social conservative fears of criminalization). Governments can’t do everything at once, and these people know that. Don’t fall for the rhetoric.

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Roundup: Parliament versus itself

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Not unexpectedly, the Speaker of the House of Commons has declared that he’s going to fight “tooth and nail” for Parliament’s right to demand whatever documents they want – as well he should. But this is a very complex issue that becomes parliament fighting against itself, because of the obligations in places like the Canada Evidence Actthat triggered the process that the Attorney General had to undertake around those Public Health Agency documents related to the National Microbiology Lab firings.

With that in mind, here is some context as to what the Canada Evidence Act demands, and why this is not Justin Trudeau personally defying the will of parliament, but the government following its own laws.

For a further breakdown of the legal balancing act involved, and what the court process for this will look like, read through this thread (which was a little too long to simply post, but a couple of highlights are below).

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Roundup: Lies about inflation and the central bank

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For weeks, the Conservatives (and Pierre Poilievre in particular) have been making a bunch of bogus and nonsensical attacks against the government and what they term the “inflation tax,” which makes absolutely no sense, but is predicated on the wild notion that the Bank of Canada is allegedly printing money to finance the government’s “out of control” deficits, and that this is going to drive up inflation and turn us into Venezuela. It’s bullshit – the Bank of Canada is independent from government (and it should be shocking that the Conservatives are suggesting otherwise given the history of the independence of the central bank in this country), quantitative easing is not “printing money,” and given that a year ago, in the early days of the pandemic, we were facing deflation as a country, an expansionary monetary policy was the right move to make. We’re still in need of stimulus, because the recovery has been so uneven, but the Bank of Canada knows this, because it’s their job.

https://twitter.com/trevortombe/status/1405250437838610432

With this in mind, it was no surprise yesterday that when the inflation figures were reported, the fact that it clocked in at an annualized 3.6% had the Conservatives, and Erin O’Toole in particular, trying to make hay of this – and media outlets didn’t help with their headlines that this was the highest rate in a decade, without putting that in proper context. Now, part of that is the base effect of last year’s massive drop, which is going to take time to work itself out in the data; but it’s also in part based on factors from right now, the most important of which is housing prices, which have skyrocketed as demand has outstripped supply. None of this is a surprise, and none of this has anything to do with the size of the federal deficit or the Bank of Canada’s quantitative easing, and yet that is the narrative being painted. It didn’t help that O’Toole’s examples lacked any logical consistency, such as blaming increases in post-secondary education on the federal government, when that’s a provincial jurisdiction. Not that truth matters.

https://twitter.com/MikePMoffatt/status/1405152487821168642

Compounding this, however, is the completely irresponsible way in which this was being spun by shows like Power & Politics, where the framing was “the cost of everything is going up!” followed by asking panellists if the government should do something about it. And to their credit, most of those panellists said no, leave it for the Bank of Canada, but the fact that the host kept torqueing this notion about “prices are rising!” and trying to constantly get people to say something – anything – inflammatory about inflation, was not only irresponsible, but shows actual contempt for proper economics reporting by the gods damned CBC. They don’t care about actual information or reasonable discussion, they want the false balance of opposed partisans battling it out, and the “drama” that creates. It does such a disservice to everyone that it amazes me that they can get away with it.

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Roundup: The choice of patios over schools

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Days after Ontario premier Doug Ford put on a dog and pony show of consulting scientists, health experts and educators about whether to re-open schools for in-person learning for the remainder of the school year, demanding consensus, Ford declared yesterday that he was going to cancel those classes – but he wanted all grades to have an outdoor graduation at the end of the year. This genius suggestion apparently came from a letter he got from a child, and he immediately headed to said child’s home to discuss it. That’s right, Ontario – not only is this province run by incompetent and unethical murderclowns, but they’re taking policy suggestions from literal children.

Pouring salt into the wound, Ford is now trying to push up his re-opening dates for the economy, immediately contradicting his handwringing that schools are too unsafe because of the variants of concern in the community, but those very same variants would be as much a threat to other businesses re-opening, so it’s neither credible nor cogent. And even if we’ve got good vaccination numbers, the hospitalisation and ICU numbers are still way too high to consider any kind of re-opening, or we’ll just repeat the same pattern we did with the previous two waves of this gods damned pandemic. But hey, he wants people to have a beer on a patio.

And we need to keep this in mind, especially when it comes time to hold Ford to account at the ballot box – he made these choices throughout the pandemic to delay, to take half-measures, to not make schools safe, to do simply try to blame-shift rather than act on areas that are under his responsibility, to sit on federal funds rather than spending them immediately and effectively to do things like expanding testing and tracing, and the economy wasn’t any better off as a result. It’s on him, as these were his choices.

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Roundup: The inertia around solitary

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The story of what happened with the panel the government assembled to oversee its supposed elimination of solitary confinement in federal penitentiaries has been a slow-burning story this week, but indicative of some of the incomprehensible ways in which this government operates. The practice of solitary confinement has been declared inhumane and contrary to the Charter by courts across the country, and the government promised to reform it with these “structured intervention units,” but that was already dubious, and unlikely to satisfy the courts – and they knew that, but went ahead with it anyway. A year later, the panel that was supposed to oversee it quit in frustration because they couldn’t get any information they needed to do their work (and the Correctional Investigator gave Correctional Services a pass on this because apparently, they’ve been implementing new software and this has been a problem). But it was only when this story leaked thanks to Senator Kim Pate that Bill Blair sprang into action, promising to reappoint the panel and implement a “work plan” to get them the information.

Well, turns out members of that panel aren’t exactly keen to be reappointed because they’ve been jerked around for a year, and were doing this on a volunteer basis, which cost them a lot of time and money for nothing but headaches. But this all feels like another case of this government meaning well, and talking a good game without doing the actual work involved and then hoping that everything will be forgiven because they have good intentions. That’s not good enough, and yet they keep behaving like that’s all well and good. It’s not.

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