Tag Archives: Public Service

QP: Performative carbon outrage

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While Justin Trudeau was off in Toronto to sell his climate rebate plan, Andrew Scheer was back in Ottawa, leading the charge against the idea. And to lead off in QP, he disingenuously suggested that a carbon price would have no effect on the climate (not true), and would only raise costs for families. Dominic LeBlanc responded by touting that they have a plan and the Conservatives did not. Scheer forced a tortured trick-or-treat analogy to insist that large emitters were exempt from the plan — which is a lie — and LeBlanc reiterated his points without correcting the record. They went for another round of the same, and then Scheer reached into his bag of greatest hits to demand the true costs of the climate plan, and LeBlanc hit back that Scheer’s lack of plan wouldn’t be revealed until after the election. Guy Caron was up next for the NDP, and he railed about the concessions in the New NAFTA. Marc Garneau praised the agreement and stated that they were continuing to fight the steel and aluminium tariffs. Caron railed about the exemptions on duties for private couriers but not Canada Post, and Garneau insisted that Canadians were satisfied with the agreement. Alexandre Boulerice heard scorn on the government’s climate targets, and LeBlanc assured him that they were living up to their commitments, and noted the Nobel prize for pricing pollution, which is what the government was doing. Boulerice groused about pipelines, and LeBlanc gave more assurances of their plan.

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Roundup: Dredging up deficit panic

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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: Getting the TPP to the finish line

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The bill to enact the Trans Pacific Partnership has passed the House of Commons and arrived in the Senate, and the race is on for its swift passage, as there is a desire for Canada to be among one of the first six countries to ratify the deal (currently three others have ratified). In the Commons, the NDP were the prime opponents to the deal, but they’re not a force in the Senate. The Conservatives in the Senate are just as keen on its swift passage as their Commons counterparts were – and they tried on more than one occasion to pass the bill at all stages without debate (because hey, who needs to do the job of scrutinising bills and holding government to account?)

While we can expect a bit more scrutiny in the Senate, I have to wonder where any delays will come from. When it comes to the Independents, one of their own are sponsoring the bill, so he will likely lead a push within that caucus in the way of organising briefings and trying to muster votes, so it would largely be an issue of whether any of them want some particular extended study on issues in the bill. The Senate Liberals tend to be free-traders, but they will want to insist on some scrutiny, as is their forte – they can often be counted on to do some of the heavy lifting that MPs are unwilling to do. So while I don’t expect them to hold up the bill, I would expect them to do their due diligence, which means it won’t sail right through, though I wouldn’t expect it to take long.

So where would I expect any delays to happen with this bill? With the Leader of the Government in the Senate’s office, given his reluctance to do any negotiation of timelines for bill passage. If there’s to be any delays, I personally would expect them to come from bottlenecks of other bills that are languishing because they can’t manage to get them passed at a reasonable pace because nobody wants to do the actual negotiation of timelines. Delays will come from incompetence, rather than malice. We’ll have to see how severe it will be, but that seems to be the state of things in the Senate these days.

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Roundup: Secret document demands

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The saga of Vice Admiral Mark Norman’s trial is making its way to the floor of the House of Commons, as Norman’s defence team has been trying to suggest that Brison tried to play a part in delaying the Davie Shipyard contract on behalf of his friends in the Irving family. Brison, meanwhile, tried to fend off the attacks in QP by suggesting that he did his due diligence as Treasury Board president to question the sole-source contract that the previous government entered into on the eve of the election.

Where this gets even more interesting, however, is with the suggestions in the documents that Norman’s team filed, was that senior bureaucrats tried to scuttle the deal because it could interfere with the established National Shipbuilding Programme, which everyone was so enormously proud of, and from there, Norman tipped off Davie officials, which was eventually leaked to the CBC. Added to that, Norman’s team are demanding a number of documents that have been deemed to be Cabinet confidence, which creates added complications because those are secret and could demand all new levels of safeguards for the court process if they are to be turned over. Trying to make political hay out of the government turning over the documents or not could be fraught with future consequences, however, for any future government that wants to protect secret materials from a court process, and given the growing propensity for people to turn to the courts when they lose at politics, that possibility could come sooner than one might expect. Nevertheless, this is an interesting case to keep an eye on, if only to shine a light on how broken our country’s procurement processes really are.

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Roundup: Not appealing, just consulting

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First thing yesterday morning, the federal government announced that they were proceeding with restarting consultations with First Nations affected by the Trans Mountain Expansion pipeline, and that they had tasked former Supreme Court of Canada justice Franc Iacobucci to oversee the process. Iacobucci has done a great deal of work around the Duty to Consult in recent years, as this report that he wrote with law firm Torys LLP demonstrates, along with work he’s done with Ontario over the underrepresentation of Indigenous people on juries in the province. Indigenous groups in the region have responded with some optimism, but are also warning that these consultations can’t come with a predetermined outcome if they’re to be meaningful (which may be too far to go given that the government has stated that this project will go ahead). Some of those Indigenous communities are also looking at the fact that this process could allow them to talk more amongst themselves.

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Meanwhile, Rachel Notley and Jason Kenney (among others) are bellyaching that the government has opted not to appeal the Federal Court of Appeal decision to the Supreme Court of Canada, and yet not one of them has articulated what the error in law they are looking to contest would actually be, which is kind of a big deal if they think the Court will hear it. It’s also not clear that an appeal would get them any clarity anytime soon, given that the Court usually gives about six months between granting leave and hearing the case in order to provide time for submissions, and then a decision could take another six months at least – possibly more if it’s a contentious issue, like this one is.

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Roundup: Counting on LNG

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The federal and BC provincial governments made a big ballyhoo yesterday about the fact that a consortium of companies have come together to make a $40 billion investment in Liquified Natural Gas (LNG) in BC, and it’s a project that not only did Indigenous consultation correctly, but got buy-in from the communities. It’s seen as a study in contrasts for other pipeline projects – but it’s also worth noting that natural gas isn’t bitumen, and you’ve got vastly different environmental consequences to a spill or breach. It’s also a major energy project at a time when the dominant narrative is that we apparently can’t get anything built in this country, or that investment is fleeing (not actually true), and that what we need to do is to end carbon pricing (despite the fact that energy companies have been calling for it), gutting environmental legislation (never mind that the regime Harper put into place created far more problems than it solved), and that Indigenous consultation is just a fleeting goalpost that keeps shifting. This project seems to prove otherwise – even if BC promised breaks on provincial and carbon taxes to sweeten the deal (though one could say that it shows there’s enough flexibility in the system as opposed to the whole system being hopelessly broken). Suffice to say, it makes the Conservatives’ talking points far less tenable (not that the truth has really mattered to them).

One of the more interesting questions in all of this is how it will affect emissions – not only locally, but globally, and that’s really the big question. While the local emissions would be high enough that it appears that BC would likely need to virtually decarbonise their economy otherwise, there is the potential that this LNG would be a major help in reducing emissions in Asian economies that are reliant on coal-fired generation – but that’s only if the LNG displaces coal and not other renewables instead. In all likelihood, LNG would be used alongside renewables as a backup or stopgap, but it may be some time before we see if that’s really what happens. Suffice to say, it has the potential to have a major impact on global emissions, if applied in the right way.

More New NAFTA fallout:

  • Justin Trudeau says that despite that notification clause in the new NAFTA, Canada will still pursue a deeper trading relationship with China.
  • Kim Campbell says it’s a bit cheeky for the Conservatives to suggest that they could have gotten a better deal given the American leadership.
  • In Vancouver, Bill Morneau praised the new NAFTA, but also said that dairy and steel sectors still need help. So, there’s that.
  • The new NAFTA includes a specific clause to insist that Canadians not be able to watch the American broadcast of the Super Bowl. No, seriously.
  • Here’s a deeper dive into the Supply Management issue as it relates to the new NAFTA, including the fears of hormone-laced milk coming in from the US.
  • Here’s a look at the government’s efforts at trade diversification, given that NAFTA is more or less renegotiated.
  • Here’s a look at next steps when it comes to ratification of the new NAFTA.

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Roundup: Leniency for chronic offenders

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There was an interesting piece about document security lapses within the federal government, which is something that speaks to me as someone who spent time doing records management within a federal department back during my early days in Ottawa as I was building up my freelance career (before I started on the Hill). The report cited 3075 lapses in the past year at Public Services and Procurement, with six employees being cited as chronic offenders.

During my time doing this kind of document work, there were a rash of news stories about secret documents being left unattended, or being thrown out and found on street corners, and much of it boils down to a culture within the public service of not caring about document security – in part because people aren’t trained to care about it. It was also because, in my department’s experience, every time they would train an admin assistant in document management, she would go on mat leave, then her replacement wouldn’t be trained to the same level, and she would go on mat leave or another assignment, and her replacement not trained, and on it went. So records went unattended, and people in the department stopped properly dealing with their records, including those who were supposed to be kept secret. And you’d see people in the Tim Horton’s downstairs from the office with Protected of Secret file folders on them, despite the fact that they weren’t supposed to leave the office area. And nobody seemed to care about that fact – all of which reinforced the notion that there isn’t a culture of responsibility around these kinds of things.

Which brings me back to the article. With those chronic offenders, they are being treated leniently, despite the fact that they are supposed to be subjected to tough sanctions, including demotion or termination. But as with so many things in the public service, where there are so few instances where there are consequences for transgressions, it seems to reinforce the notion that document security doesn’t need to be taken seriously, and then we get more security and privacy breaches. If there were actual consequences, that might start making an effort at reducing the number of breaches.

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Roundup: Triumphalism after a defection

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Andrew Scheer took the occasion of caucus day yesterday to give another lap of triumphalism in order to crow about Leona Alleslav’s defection to his party, calling her a symbol of “misplaced trust” by Canadians in Justin Trudeau. And, feeling his oats, he told Trudeau to “bring it on” when it comes to defending a carbon tax in the next election. Now, cheerleading films aside, Scheer may want to be very cautious about his plan to go full-bore on the carbon tax attack, given that those provinces who have decided to fight the plan and have the federal government impose their backstop price instead may find that instead of their citizens benefitting from lower income taxes or provincial rebates, they’ll instead be getting their rebate cheques from the federal government, which is a pretty visceral thing for most people. Add to that, a study coming out next week says that it’s likely that people will be getting more back in those rebate cheques than they paid into carbon taxes because of dividends from industrial emitters being returned to individuals, which could be a blow to the message that Scheer is trying to send about affordability.

In amidst this, Scheer has been trying to press the case for Energy East, demanding that Trudeau bring Trans Canada back to the table in order to discuss reviving the project. The problem, of course, is that there is no economic case for Energy East. At one point, it was seen as a viable route to tidewater with no others in the works, but that changed with the approval of Trans Mountain (err, temporarily delayed right now), and Keystone XL, which Trans Canada also is the proponent of, and there wasn’t enough product to fill both KXL and Energy East, so they focused on the more viable project – KXL. Scheer has also tried to insinuate that Energy East would displace Saudi oil in Eastern Canada, but that’s also not true, given that the whole point was for it to be a pipeline to tidewater. Saudi oil is cheaper to import than for Alberta oil to ship by pipeline, not to mention that there are no upgraders or refineries in the East capable of handling heavy crude from Alberta (again, unlike KXL, where those kinds of refineries line the Gulf coast). The Irvings themselves said that Energy East wouldn’t stop the flow of Saudi oil to Canada, but Scheer is trying to play the economic nationalism card, and is stretching the truth along the way.

Meanwhile, Chantal Hébert warns Scheer that if he plans to make immigration an issue over the coming year, he may want to pay attention to what’s going on in Quebec, where it’s turning out to be something of a poisoned chalice for the CAQ in the provincial election.

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Roundup: Notwithstanding Ford

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It was a crazy day in the state of constitutional law yesterday, as an Ontario judge struck down Doug Ford’s bill to reduce the size of Toronto city council on some rather dubious grounds, and Doug Ford responded by insisting that he would invoke the Notwithstanding Clause to ensure it passed anyway, no matter that the issue by which he’s going to use the seldom-used provision on is of dubious merit, and has all of the appearances of enacting a political grudge (while all of the “reasonable” members of his Cabinet who were supposed to keep his worst impulses in check cheer him on). It’s a full-blown tire fire.

For starters, here’s a bit of context about just what the Notwithstanding Clause actually is, and some history of its use. But what is perhaps more alarming are the number of voices who are calling on the federal government to invoke the defunct constitutional provisions around disallowance as a way of thwarting Ford – and some of that has been fuelled by Toronto mayor John Tory meeting with prime minister Justin Trudeau last night. I can pretty much guarantee you that Trudeau, however, won’t touch the disallowance powers with a bargepole, because a) the powers are defunct for a reason (in that the issues that disallowance was used on are better dealt with through the courts), and b) it would stir up such a shitstorm of epic proportions that it would be difficult to contain the political damage, and I’m not sure that Trudeau is willing to expend that much political capital for something that is really not his political ambit, and he’s likely to win most of Toronto’s seats again regardless. But if you also look at the message that Trudeau’s minister of intergovernmental affairs, Dominic LeBlanc sent out, the not unsubtle language in there is that this is a fight for the political arena, and Ontario voters will have to deal with the mess that they created, which is pretty much how it should be. It’s not going to be easy if we’re having these kinds of issues three months in, but people shouldn’t expect another order of government to swoop in and save them. That’s not how democracy works.

Meanwhile, Emmett Macfarlane walks through what’s constitutionally dubious about the court ruling, while Andrew Coyne invokes some high dudgeon about use of the Notwithstanding Clause and Ford’s thuggish populist tactics. Chris Selley reminds us that so much of this episode is because Ford is all about chaos, and he brings more of it with these tactics. Susan Delacourt, rather chillingly, wonders which will be the next premier to decide that the Charter is inconvenient for their populist proposals. And University of Ottawa vice-dean of law Carissima Mathen both writes about why Ford’s comments are so offensive to our system of laws and governance, plus offers some more context about the Notwithstanding Clause in this video segment that you should watch.

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Roundup: Effacing labour

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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.

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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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