Roundup: A bad case for a dumb idea

The flirtation with separatist sentiment in Alberta is bringing all the boys to the yard, and suddenly they’re all trying to make a cockamamie case for why this is a real threat. Yesterday it was respected tax economist Jack Mintz who decided to stray way outside of his lane, and insist that Alberta has a better case for this than Great Britain does with Bexit, which is patent nonsense both on its face, and in every single one of his nonsense arguments. And yet, in the rush to pander to the angry sentiment in Alberta and to offer up simplistic solutions and snake oil to what is a series of protracted (and in some cases intractable) problems that require time and patience to resolve. Mintz later went on the CBC to defend his column, and made a bunch of other nonsense arguments that presumes that the US would be a better customer for Alberta oil…despite that the actual pipeline capacity going from Alberta to the US is minimal and don’t think they could easily build more if they can’t even get Keystone XL over the finish line there.

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Meanwhile, Tyler Dawson makes the case that such a separatist movement not only lacks logic, it also lacks a real leader or the intellectual heft to actually make it something viable. Andrew Leach takes Mintz to task on his assumptions about demand for Alberta oil. Jen Gerson tells Alberta that while they have legitimate grievances, the insistence that Ottawa is simply out to get them risks becoming a pathology, while the separation talk is terrible, and simply burning the system down won’t help anyone. Can I get an amen up in here?

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Roundup: The inaugural NSICOP report

The National Security and Intelligence Committee of Parliamentarians tabled their redacted report on the prime minister’s India trip yesterday, and, well, there were a number of redactions. But what wasn’t redacted did paint a picture of an RCMP that bungled security arrangements, and that didn’t have good lines of communication with the prime minister’s security detail, and where they left a voicemail for someone who was on vacation, while someone else in Ottawa decided to not bother trying to reach out until the following day because it was the end of their shift. So yeah, there were a “few issues” that the RCMP fell down on. And because of the redactions (done by security agencies and not PMO, for reasons related to national security or because revelations could be injurious to our international relations), we don’t have any idea if the former national security advisor’s warnings about “rogue elements” of the Indian government were involved was true or not.

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The CBC, meanwhile, got documents under Access to Information to show what kind of gong show was touched off with the communications side of things as the government tried to manage the fallout of the revelations of Atwal’s appearance on the trip (and in many senses, it wasn’t until the prime minister gave a very self-deprecating speech on the trip at the Press Gallery Dinner that the narratives started to die down). Because remember, this is a government that can’t communicate their way out of a wet paper bag.

In order to get some national security expert reaction, here’s Stephanie Carvin and Craig Forcese:

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It should also be pointed out that the opposition parties are trying to make some hay over the redactions, and are intimating that they’re the product of PMO for partisan reasons. It’s not supposed to work that way, but hey, why deal in facts when you can proffer conspiracy theories, or in Andrew Scheer’s case, shitposts on Twitter?

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Roundup: Notley mandates a cut

Alberta premier Rachel Notley decided that she will mandate an 8.7 percent production cut, starting on January 1st, in the hopes that it will help to finally drive the price of oil back up, seeing as this is a supply and demand problem and there is too much supply in the system. But as far as “immediate action” goes, waiting another three weeks doesn’t seem very immediate (though I’m not sure what is involved in scaling back production), and it’s not a solution that makes everyone in the market happy given that some players weren’t taking as big of a hit by the large price differential.

Reaction has been swift, and while Jason Kenney says he supports it, he and Andrew Scheer are quick to blame the federal government for the situation. Natural resources minister Amarjeet Sohi responded with a thread that basically said that they inherited most of these problems – and he’s right about that – but he laid out the supports they’ve given the industry. I’m not sure that in the race to pin blame that anyone is looking at the history of the industry – there was no push to sell oil to overseas markets before recently because America was always seen as an easy import market with an insatiable appetite, because nobody saw the shale revolution coming. That’s no one government’s fault, and it’s difficult to turn an industry around in a mere couple of years. And Kenney and Scheer keep insisting that if Trudeau hadn’t killed Northern Gateway or Energy East, things would be just fine – except of course that it’s just as likely that Gateway would still be tied up in interminable court injunctions because it was the more fraught project to begin with, and Energy East wasn’t economically viable once Keystone XL was back in the picture, but why spoil a narrative with facts?

Meanwhile, New Brunswick’s new premier is hoping to revive Energy East, under the belief that it was just regulatory problems that killed it rather than the economics, particularly because the proponent didn’t have enough supply contracts to fill both it and Keystone XL. Also, the proponents who think this will displace foreign oil know that unless they shell out to retool the existing refineries, it won’t actually serve their markets, and that they would also be demanding that Alberta swallow a $10/barrel discount, right?

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Roundup: Grewal gives some answers

Just when the drip-drip-drip of new information and the grasping of straws around the Raj Grewal drama was reaching its expiration date, it all blew up anew last night on two fronts. One was the report that the RCMP had been asked to investigate a Brampton infrastructure project where questions are being raised about a land deal and that information had been passed along to both Grewal and Navdeep Bains (and in QP yesterday, Bardish Chagger called the reports false and warned that if allegations were repeated out of the House, they would be met by Bains’ lawyer); the other was that Grewal released an eleven-minute video, releasing it both to the Globe and Mail and to his Facebook page.

In the video, Grewal methodically went through not only his gambling habits, but also the loans (all of which were done by “transparently” cheque and since repaid), and then went through all of the allegations around property ownership, loans, his wife’s finances, the aforementioned Brampton infrastructure project, and even the questions he was asking in the finance committee study on money laundering and terrorist financing. A lot of the information puts to rest speculation and shows how grasping at disparate information and forming a sinister narrative can be when there are fairly simple explanations – explanations that Grewal probably should have been making over the past week as this was coming out, and answering media questions when they called (though one probably has a bit of sympathy for the feeling overwhelmed by it all). What is news out of this, however, is that Grewal said that while he’s leaving the Liberal caucus and taking a leave of absence for his treatment, his announced intention to resign may have been premature, and he’s going to be considering it over the next few weeks – but would have a definitive answer before the House resumes in January. (So maybe Jagmeet Singh made the right call after all in not immediately jumping back to Brampton in anticipation of that seat opening up). I’m not sure this will stop the hyterial questions – particularly the risible notion that he was some kind of national security threat – but it does seem like a lot more questions are now answered than not.

Meanwhile, further to yesterday’s discussion about why MPs shouldn’t be subject to the same kinds of background checks as ministers, here is some more discussion about why it’s a Very Bad Idea.

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Roundup: Ginning up the Grewal resignation

As the stories on Raj Grewal’s gambling debts and intended resignation continue to trickle through, a number of them have taken on a vaguely conspiratorial tone. A lot of facts that shouldn’t be out of the ordinary are treated as suspicious for absolutely no reason at all. For example, people keep wondering why he was reassigned from the finance committee in September “with no warning.” Gee, what else happened in September that would have affected committee memberships? Could it have been the fact that the parliamentary secretaries all got shuffled, so committee assignments need to be rejigged? Maybe? And whoa, he asked questions on catching money launderers to law officials and FINTRAC agents during a study on – wait for it – “Confronting Money Laundering and Terrorist Financing: Moving Canada Forward.” Such an amazing coincidence that is totally suspicious. And the latest “revelation” is that Senator Jean-Guy Dagenais says that a retired Mountie told him a year ago that he heard Raj Grewal was under investigation, and he therefore thinks PMO should have known then. Erm, except that neither the OPP nor the RCMP tell the PMO what they’re investigating because they operate at arm’s length, and more to the fact, Grewal was a backbench MP, which I cannot stress enough.

To that end, Kady O’Malley’s Process Nerd column looks at the issue of parties policing MPs’ off-hours, considering the Clement and Grewal situations, while Susan Delacourt cites those same two cases, and wonders if we need to do a better job of screening backbenchers. And I’m pretty dubious because backbenchers are not ministers. They don’t have access to secret materials (Clement, I remind you, is a former minister and thus a member of the Privy Council, and his activities on NSICOP are outside of the usual activities of a backbencher), nor are they public office holders. Their job is to hold government to account – they are not part of the government, and it doesn’t matter what committees they’re on. Treating them as the same thing is not only a gross overreach, but frankly it will give MPs a wrongheaded sense of their place in the system, which is already suffering because of civic illiteracy.

Are Grewal’s debts concerning? Yup. Is it a crisis that he was mentioned in passing as part of an investigation into other suspicious characters? Maybe, but we don’t know enough to say whether it is or not, and the baseless speculation and ginned up allegations aren’t helping. Should Trudeau and the PMO have been more candid from the start about the reasons Grewal was resigning? Probably, and given this government’s inability to communicate their way out of a wet paper bag, their approach once again blew up in their faces. But treating this affair with clickbait headlines and spinning random facts out of context in order to make them seem sinister is bad reporting.

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Roundup: Island of Unintended Consequences

Over at Maclean’s, David Moscrop profiled the “new” Senate, and in it was probably the best description of the institution in its present state – the “Island of Unintended Consequences,” as penned by Greg MacEachern of Proof Strategies. And that’s very much true about the state of the Chamber, but unsurprisingly, almost none of those unintended consequences were explored. The bulk of the piece was devoted to the notion that we don’t know how senators will vote anymore and they say they don’t want to defeat bills but who knows *handwavey motion*.

The problem is that it’s not just the uncertainty over how senators will vote – it’s the fact that the people being put in charge in that Chamber don’t really know what they’re doing. The Order Paper is becoming hopelessly behind with bills piling up, and because nobody wants to negotiate and do any of the horse-trading that gets bills passed, it’s getting worse. This has serious implications for the government trying to get their agenda through, but too many senators are busy congratulating themselves on the fact that they’re not whipped that they fail to see the a) that horse-trading is not partisan but rather how things get done; and b) that the pile-up of legislation is going to become a serious problem unless they get their acts together and start getting bills through the system. If you want an unintended consequence, that’s certainly a huge one, and one that Senator Peter Harder seems willing to let happen so that he can get his way with the creation of a “business committee,” which will just fob yet more responsibility off of his desk and onto another small cliques’ plate (but he needs his $1.5 million budget!) and won’t do any of the things he promises when it comes to avoiding the end-of-session legislative pile-up. The fact that the Independents now make up the majority of the chamber, most of them too new to know what they’re doing (and lacking proper mentorship), the Order Paper crisis is happening and they don’t understand that it’s happening. This is a problem, and we need more senators to wake up to it.

Meanwhile, Senator Paula Simons talks about her live-tweeting in the Chamber as a way of de-mystifying its work, thanks to her career as a journalist, and I for one applaud her for it (though I will offer her corrections as she goes along).

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Roundup: A policy reviewed and changed

The government announced that their review of the transfer of inmates to Indigenous healing lodges is complete, and they made some changes to the policy to tighten the conditions. While they wouldn’t say directly, it was confirmed that Tori Stafford’s killer was reassigned from the healing lodge she had been transferred to back to an institution. Cue the self-congratulation from the Conservatives, who assert that the killer is back “behind bars.” But there are a few things we need to unpack here because some of this back-patting is disingenuous.

First of all, these healing lodges are still prisons. Said killer went from one medium-security facility to another medium-security facility. While Andrew Scheer kept insisting that she was moved to a “condo,” he is not only lying about what a healing lodge is, he is also misconstruing what conditions in women’s institutions in this country are like. There are no longer any of the kinds of cells and bars or high walls that you see on television – women’s institutions largely feature campus-like atmospheres, with apartment-like dwellings. Indeed, the facility she’s been transferred to post lodge is described as “a minimum security residential-style apartment unit and residential-style small group accommodation houses for minimum and medium-security inmates in an open campus design model.” So much for the crowing that she’s back behind bars.

There is also the self-congratulation in saying that they embarrassed the government into taking this action, and that this somehow disproves what the government said about not being able to act to transfer her. This is again disingenuous – when it came to light, the government ordered a review, and the policy writ-large was changed. They didn’t order an individual transfer, because that would be abusing their authority to do so. Now, there are some genuine questions as to how appropriate it is to change policies based on a single case, but insisting that they did what the Conservatives asked is not exactly true. Worse, however, is the unmitigated gall of the Conservatives demanding apologies and insisting that it was the Liberals who politicised the issue when they were the ones who decided to start reading the graphic details of Stafford’s murder into the record in the House of Commons. They’re still sore that they’ve been called ambulance chasers, which they insist is some kind of grievous insult, however their behaviour in the Commons around this issue was hardly decorous. An issue was raised, the policy was reviewed and changed, and the process worked. But trying to play victim over it is taking things a little too far.

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Roundup: Dredging up deficit panic

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

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

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

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Roundup: Keeping up with vacancies

Of all the places where the current government seems to have lapsed in their basic competencies, the most obvious tends to be their appointments process, and most especially when it comes to making judicial appointments. I’ll grant you that it’s more difficult than it can seem, especially when you are not only balancing the need for new judges with specific skillsets and linguistic capabilities (because you do need a certain number of minority-language speaking judges in every province), before you get to the issues of diversity, and the laudable goals of getting more women and visible minorities on the bench. What has made it more difficult is a process that relies on application rather than nomination, and this continues to be an ongoing saga. And while the courts have been adapting in the post-Jordandecision landscape by ensuring that criminal trials are getting precedence, it means that civil trials are falling to the wayside, and that has its own set of problems.

The Star delves into this problem, with a particular focus on Toronto-area vacancies, where they are chronically behind the number of judges they should have, and where the number that just got appointed will be offset by retirements within weeks. (As an aside, there is a push to get the complement of judges in the GTA increased further, because the total number has been deemed to be insufficient by the local bar). And what is perhaps most disconcerting here is that the minister keeps insisting that there needs to be broader culture change in the court system, not just more judges (when seriously, they’re looking for a full complement to start). I’m not sure that anyone disputes that culture change needs to happen, but the appointments are a pretty low bar that a government should be able to meet. And yet.

This having been said, there is some talk now that we may see more frequent appointments being made as cabinet starts meeting more regularly as Parliament resumes, given that Cabinet needs to approve these names for appointment. So maybe that will happen. But given the pace at which these things have happened, you’ll forgive my skepticism.

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Roundup: Setting a trap at committee

The use of Commons committees for performative outrage continued in fine tradition yesterday as an emergency meeting of the natural resources committee was convened, during which the Conservatives demanded that the ministers of natural resource and finance appear before them no later than Thursday with “concrete” plans for the next steps of the Trans Mountain pipeline. This, of course, is a bit of a trap, and unrealistic for any government to comply with, and yet here we were. Why it’s a trap, of course, is that when they inevitably refused and the Liberals con the committee voted it down, Andrew Scheer and his caucus could rush to the media about how outrageous it was that Trudeau was avoiding accountability for his “failure” when their demand was utterly unreasonable in the first place. But why should facts or context matter?

Now, don’t get me wrong – I do think that these ministers should absolutely appear before committee, but not for another couple of weeks, until they’ve had time to digest the Federal Court of Appeal decision, at which time they should answer for why they considered the flawed NEB report, and why they did not engage in an adequate consultation process that would meet the requirements of Section 35 of the Constitution. You know – to hold them to account like a committee should.

As for next steps, there have been boneheaded demands for a “legislative solution” that people keep tossing around, and it’s so stupid – the FCA decision specifically stated that this is a Cabinet decision to approve the licence, so you can’t legislate it into existence, nor would trying to retroactively change the legislation that the NEB was operating under when it didn’t properly scope the marine safety aspect of their report be a feasible option, because it opens all manner of cans of worms. And you most especially can’t legislate away the duty to consult under Section 35, so good luck there. The Conservatives won’t say what they’d do, let alone do differently, while the NDP continue to demand that Trudeau cancel the expansion, and have been giving this ridiculous line that they wanted a Supreme Court reference in the first place and nobody listened to them. The problem was their reference was about jurisdiction, which this decision has nothing to do with, which makes their talking point especially specious.

Meanwhile, Chris Turner has a spectacular piece in Maclean’sabout the history of the pipeline and how it got to be the dumpster fire of an issue that it is today, and I’d encourage you to take the time to read it.

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