Roundup: Enumerating promises

CTV had a two-part look at the government’s record yesterday, both in terms of what they accomplished that changed Canada, and what they did not accomplish as promised. The accomplished list is not quite as interesting – gender balance, more refugee resettlement, restoring the long-form census, legalising cannabis – I’m not sure their “reforms” to the Senate are as much of an accomplishment as people may think given the broader unintended consequences.

The other list, however, strikes me as requiring a bit more nuance than was really offered in some cases. For example, not balancing the budget was in part because there was an oil crash at the beginning of their mandate that affected their figures, and it wasn’t really balanced when the Conservatives lost power (particularly given that they booked a bunch of fictitious savings for things like the Phoenix pay system and Shared Services Canada, which the Liberals had to clean up). That said, they did increase spending once revenues increased, so it is a bit more complex than the piece offered. Electoral reform? It wasn’t one of their biggest campaign promises, but one of a myriad that was simply overblown in many instances, but that aside, it again doesn’t quite capture that the attempt to explore consequences resulted in a hot garbage report that was unworkable at best, and was based on a stupid promise that evidence showed was not feasible (leaving aside that the Liberals stupidly didn’t bother to promote their own preferred system until it was too late). The Indigenous file is still rocky? If anyone thinks that centuries of colonisation can be reversed in four years, well, that’s fantasyland, but it’s not as though there hasn’t been significant progress. The final, more nebulous point about scandals and “doing politics differently” is one of those unicorn promises that lets people’s imaginations run wild. For the most part, he did things differently than Stephen Harper did, but it wasn’t different enough or utopian enough for some people, and it qualifies as a failure, which I’m not sure is fair to anyone.

Speaking of stupid promises, the Ontario government is having to walk back on their promise to end “hallway medicine” in twelve months, and yeah, that’s not going to happen and it’s hey, it’s a complex and intractable problem that not even shovelling money at the problem is likely to solve. But it’s not like people believed anything Ford promised because it was only about their anger at Kathleen Wynne, right? But that’s what you get with populist blowhards – snake oil promises pulled out of their asses with no ability to implement them, but hey, so long as you keep them angry about the other guy/woman, then that’s all that matters, right? And nobody ever seems to learn.

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Roundup: Dire warnings about MPs’ jobs

Another day, another apocalyptic warning that the workload and schedules of MPs are going to wind up killing somebody someday, and I just cannot even. This isn’t even the first time this particular argument has been made by MPs, but it boggles me even more that journalists aren’t pushing back more, and at least giving an “Oh, come on,” and it leaves the impression that there is an expectation that parliamentarians go in thinking it’s a nine-to-five job. And it gets even more ludicrous when you realise that MPs are not only sitting fewer days than they used to, but we already eliminated evening sittings three days a week in order to make the days more “family friendly” (which, as it happens, made congeniality worse because they stopped eating dinner together three nights a week).

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Part of what has triggered this wave of pearl-clutching are the number of voting marathons that we saw in this current parliament, but we need to pour a bit of perspective sauce on the situation here. First of all, the opposition needs to have some tools to apply pressure to the government when they feel it’s necessary, and eliminating those tools would be a major problem. That said, I’m not sure that these particular marathons were appropriate uses for those tools, particularly as they were pegged to issues that were fairly minor on the scope of things, if not outright ridiculous, and yet the Conservatives made a big song and dance about these vote-a-thons, which wound up coming across as a temper tantrum. It became routine that estimates votes were coming up, so they were going to force a vote-a-thon to express their outrage of the day, and then blame the government for “forcing it” to happen. That’s…not how this works. And if MPs are opposed to those tactics, well, they can let their party leadership know that they’re opposed and do something about it internally. Otherwise, I’m not sure what their suggestions are for making life easier for MPs, because the alternatives – such as time allocating all business by means of programming motions and the like – is not healthy for democracy either. Perhaps they need to think about that as they complain about the jobs they chose.

Speaking of workloads, there was some angry debating over Twitter over the weekend about the Senate not sitting later to pass the bill that would add CBSA to the new civilian oversight body created for the RCMP (the accusation that they wanted to go on vacation). While I have my doubts about that bill (I think the earlier Senate bill to create an Inspector General for CBSA held a lot of promise, but the government refused to debate it), it’s pretty unfair to lay the blame on the Senate as a whole. Rather, it’s the government’s fault – both in introducing the bill so late, and sending it to the Senate at the very last minute, and in their Leader in the Senate, Senator Peter Harder, who controls the agenda. He could have ensured that the Senate sat long enough to pass it, but we’ve seen over the past three-and-a-half years that Harder has been absolutely allergic to staying later than the Commons does, even though the Senate is actually scheduled to sit for an extra week at the end of each sitting, like they always do. Harder, however, has steadfastly refused, and the Independent senators haven’t pushed back. If you want someone to blame, start there.

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Roundup: Frivolously calling in CSIS

Because there is nothing that the current strategic geniuses in the Conservative leader’s office won’t do to turn an issue into some kind of cartoonish conspiracy or a theatrical production, they decided yesterday to write an open letter to CSIS to demand that they open an investigation into John McCallum, citing that he was trying to direct the Chinese into interfering in the Canadian election. No, seriously.

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To not put too fine of a point on this, calling in national security agencies over a partisan issue is not only highly unserious, it’s dangerous because it not only politicises CSIS, but it also fuels the current rage by those on engaging in illiberal populism of accusing those who engage in legitimate political disagreement of being treasonous. And while Lisa Raitt would take to Twitter to try and defend this with overly cute legalistic justifications, the broader point stands. Leave CSIS out of your political theatre. This should be a no-brainer. And yet…

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Roundup: Intelligence and context

There was a lot of flurry yesterday about supposed revelations made in Federal Court that CSIS has been spying on peaceful environmental groups. Except, people who used to be at CSIS, will tell you that’s exactly not the case. And the reporting on this hasn’t exactly helped either because it’s in a very defined frame with tropes that somewhat credulously take what these groups are saying and putting it with the redacted documents and drawing conclusions, that again, people who used to work there, will dispute, and those voices aren’t in the reporting. So here’s Stephanie Carvin and Jessica Davis, both of who used to work at CSIS, offering some proper context for what those documents say.

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Roundup: Ending a sitting on a witch hunt

Alberta’s legislature wrapped up its session last night, and it saw the passage of bills that included rolling back protections of LGBT students in schools, changing overtime rules and cutting wages for students, not to mention Jason Kenney spending millions of taxpayer dollars to promote conspiracy theories and to conduct a witch-hunt against people who say mean things about the oil industry. So much of it would be cartoonish if there wasn’t such a worrying trend of Kenney simply lying to keep his population angry. And if you pay close attention to this Postmedia wrap-up of the sitting, it doesn’t call out the moments when Kenney egregiously lied (especially around the stunt with the ear plugs) and the story just both-sidesed the whole thing. We’ve taught them that they can get away with lying, so they’re doing it with impunity.

Meanwhile, here’s Stephen Maher on the witch hunt public inquiry, and Andrew Leach has been throwing shade at the whole thing, which is always worth a read.

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Roundup: Federal Government 2, Provinces 0

It was not a surprise that the Ontario Court of Appeal told Doug Ford to go pound sand with regard to its objections to the federal carbon price, which is exactly what they did in a 4-1 decision, affirming the Saskatchewan decision that the price is not a tax but a regulatory charge, and that it’s not unconstitutional. Ford, predictably, vowed to take this to the Supreme Court of Canada, and given that they agreed to hear the Saskatchewan case, it’s likely these two will be heard together, where you can pretty much bet that the majority of the judges there will tell Moe, Ford, and the likes, to similarly go pound sand. As for the dissenting judge on the Ontario panel, well, he has a pretty interesting history of his legal philosophy, and was unusually appointed directly to the Court of Appeal from his being a law professor.

Meanwhile, here’s some analysis, with threads by Andrew Leach, plus Lindsay Tedds on the whole tax/regulatory charge difference.

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Meanwhile, the BC government’s lawyers were in Alberta court on Friday to argue for an injunction against the province’s blatantly unconstitutional “turn off the taps” legislation now that it’s been proclaimed, likening it to a loaded gun that they don’t want to go off accidentally. The hitch, of course, is the question of whether BC has standing to go to Alberta court over the case, so we’ll see what the judge decides there.

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Roundup: Nepotism versus Responsible Government

As the nepotism scandal in Ontario picks up steam, with revelations that there were appointments made to lacrosse players and an MPP’s father, and more demands that there be a more independent review of the appointments that have been made, I think it’s time for a bit of a civics and history lesson about patronage appointments. In many ways, patronage appointments are how we wound up with Responsible Government in the colonies that became Canada in the first place – the local assemblies wanted control over who was being appointed to these positions rather than them going to people from the UK who would then come over to carry them out, and eventually we won that right as part of Responsible Government. It was also understood at the time that it was fine if the party in power put their friends into patronage positions because when fortunes turned and their rivals formed government, they would be able to do the same with their friends. That particular view we have, fortunately, evolved from.

Regardless of this evolution, the core fact remains – that under Responsible Government, it is the first minister and Cabinet who makes these decisions as they are the ones who advise the Governor General/lieutenant governor to make said appointment. It also means that they are accountable to the legislature for that advice, which is where the current nepotism scandal now hangs. There are going to be all kinds of Doug Ford apologists who say that this was all Dean French, that Ford didn’t know what was going on – even though he signed off on it. And that’s the thing. It doesn’t matter if this was French hoodwinking Ford because Ford is the one who advises the LG about the appointments, and Ford is responsible to the legislature for making those appointments (and for hiring French, when you think about it). And if his party gets too embarrassed by this particular scandal, well, there could be a loss of confidence in the offing (likely from within party ranks than the legislature, but stranger things have happened).

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On that note of accountability, we should also point out that with the appointment of yet more ministers and “parliamentary assistants,” there are a mere 27 MPPs left in the back benches who don’t have a role, which means that they will see themselves as one screw-up away from a promotion (and this is more salient in the provinces, where regional balances are less of an outright concern, and this government in particular seems less interested in other diversity balances). That does erode the exercise of accountability by backbenchers. So does, incidentally, a chief of staff who would berate MPs for not clapping long enough, but maybe they’ll grow a backbone now that French is gone. Maybe.

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Roundup: Closing it all down for the summer (and the election)

The House of Commons rose yesterday, earlier than expected after news that Conservative MP Mark Warawa died of cancer. Business was truncated, all remaining bills passed swiftly, and a few tributes were made to Warawa before adjourning the House, ostensibly until September, but the writs would be drawn up for the election before then. There is a chance that Parliament will be called back in the summer to deal with the New NAFTA implementation bill, which was not passed, but apparently they’re waiting on the Americans before we go further.

Over on the Senate, side, a number of bills passed through swiftly, including the reforms to the Access to Information legislation, but the ones that caught the most attention were Bills C-48 and C-69, being the west coast oil tanker ban and the environmental assessment legislation. Immediately after those were passed, Alberta premier Jason Kenney thundered over Twitter about how he was going to challenge them in court – which you can expect the courts to tell him to go pound sand, just as they will with his challenge to the federal carbon price that will be imposed on his province come January. The Senate won’t be passing a number of private members’ bills, including some prominent ones like Rona Ambrose’s bill, but it was a bad bill anyway and deserved to die on the Order Paper. (The Liberals also promised to revive the bill in the next parliament, which…isn’t great, frankly, because it’s either unconstitutional in its original form, or largely symbolic in its amended form).

This means that all that’s left is a royal assent ceremony, which will happen this afternoon, and it’ll be the first time that they’re going to attempt a ceremony with the two chambers in separate buildings. It’s been suggested previously that the Usher of the Black Rod will take a limousine to West Block to knock on the Commons’ door to deliver the message that Her Excellency requests their presence in the Senate, at which point the Speaker and a token few MPs will head over – possibly in limos or little parliamentary busses – to the Senate for the ceremony. We’ll see how it all unfolds.

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Roundup: Defence intelligence and their limits

Some of you may recall that recently, the National Security and Intelligence Committee of Parliamentarians submitted a report to the prime minister, which was later made public, about how military intelligence in this country is large and vaster than most people anticipate. The Canadian Press recently obtained the August 2018 federal directive about what kinds of personal information that defence intelligence is able to collect and keep, and it turns out that they can indeed keep some of that information, even if obtained by chance, so long as it supports a legitimate investigation. You may recall that at the time of the NSICOP report that there were calls for its activities to be bound by statute instead of by Crown prerogative, as it is currently. With that in mind, here’s Philippe Lagassé with some context on why that may or may not be a good thing.

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Roundup: Amendments and dysfunction

There is some movement on legislation in the Senate, with the amended fisheries bill heading back to the Commons, as is Bill C-69 on environmental assessments. This bill was passed on division (meaning no standing vote) and will let the government reject all of those amendments made at committee that were essentially written by oil and gas lobbyists, which nobody had the intestinal fortitude to want to actually debate, preferring the tactic championed by the Leader of the Government in the Senate, Senator Peter Harder, to let someone else do the heavy lifting. That way the government can defeat the bulk of those amendments in the Commons on a whipped vote, and then Harder can say “the elected Chamber has spoken” while patting himself on the back for the amendments that did pass – likely only the ones the government itself proposed.

The bigger drama is being reserved for C-48, the tanker ban bill, as the whole Senate voted to overturn the committee report that recommended it not go forward, which was pretty much how I expected it to go. Given the torqued, partisan report that emerged, the talk about the committee being dysfunctional are ringing pretty true, but I’m not going to blame the Conservatives for that because the Independents aren’t stepping up. The likely next steps for this bill are for amendments to be debated at third reading, the bulk of which are likely to be defeated, and then the Conservatives will play procedural games with the debate so that Harder is forced to invoke time allocation on a final vote for it, because the Conservatives have set up that situation for him.

Meanwhile, there has been a lot of wailing and gnashing of teeth about the UNDRIP bill, particularly that the Senate didn’t vote to give the Aboriginal People’s committee permission to meet while the Chamber was sitting in order to discuss it – which isn’t actually a sinister plot. The Senate is set up so that the Chamber meets for only a few hours in the day and that committees don’t meet then, which also has major logistical considerations – they don’t have enough staff or interpreters to cover both, unlike the House of Commons. And to illustrate that, this thread by Chris Reed explains some of the procedural considerations of what happened. But also remember that in the midst of the Senate’s Order Paper crisis, nobody wants to take any responsibility and are content to blame the Conservatives for being “partisan.” They’re not the problem here.

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