Roundup: Untenable ideas that get print

There were a couple of pieces over the weekend that had me scowling a little, mostly because they don’t seem terribly well thought-through when you actually delve in a little. One of them was a piece in Maclean’s that used polling data to posit the idea of a Green Party-NDP merger which is a bit silly because the parties are nothing alike in the slightest. The premise that they both claim to care about the environment and appeal to youth is flimsy on its face, because the Greens aren’t really that “progressive” of a party seeing as the federal party came into being with a lot of disaffected Red Tories in their mix, and if you delve into some of their non-environmental policies, there’s not a lot of millennial progressivity in there. (Seriously, it’s a dog’s breakfast of things, as they discovered in the last election when it turned out that a bunch of their social policies were written by men’s rights activists, given that there is a lack of adult supervision when it comes to policy development in that party). Add to that, the party cultures are essentially night and day – the NDP are centralizing and are about solidarity at all costs (and they rigidly enforce it), while the Greens are decentralized to the point of practical incoherence. I get that there is going to be a bit of a fad in political circles right now that believes that Alberta “proved” that mergers work given the Progressive Conservative + Wildrose Alliance “merger” into the UCP was prototypical, but that would be looking at quantitative data over qualitative – and the UCP is still young.

The other piece that deserves some consternation was Justin Ling’s op-ed that suggested that co-leaders would be a great thing for parties to deal with the problem of presidentialised leadership politics, and look how great it’s working for Quebec Solidaire. Err, except the solution to our presidentialised leadership politics in this country isn’t to share power, but rather to restore the selection and firing process to the hands of caucus. The biggest flaw in Ling’s argument, however, is that it’s antithetical to the way in which our system is structured, which is that it’s about giving advice to the Queen (and by extension, the Governor General/lieutenant governor). That requires a single voice – which is why Cabinet Solidarity is a Thing – and it’s also to create a single point of accountability. If you have dual leadership, then it becomes harder to pin blame. It also has more than enough potential to create factionalisation within parties more than we have already, as different parts of the caucus align themselves behind one co-leader or the other in power struggles. As with so many of these kinds of reform ideas, they sound interesting on the surface, that’s about it.

Continue reading

Roundup: Denials and special committees

The pace of news out of the Double-Hyphen Affair fallout slowed somewhat yesterday – finally – but there were incremental developments starting with yet another interview by Jody Wilson-Raybould, in which she was somewhat more categorial about her insistence that she would never try to have the prime minister direct her successor (and yet she kept saying she wouldn’t respond to anonymous leaks, even though this whole Affair was touched off by anonymous leaks to the Globe and Mail, and she responded to those). There nevertheless remains some incredulity at the notion that an issue that supposedly cuts at the heart of prosecutorial independence in this country could have been smoothed over with an apology. Also, apparently the Vancouver–Granville riding association is staying in place and not resigning out of protest, so that is also a significant development.

Meanwhile, SNC-Lavalin is going to appeal the decision that denied them judicial review of the Director of Public Prosecutions’ decision not to grant them a DPA. They’re saying that they have new evidence that has come to light during this whole Affair – things like information on when decisions that were taken that don’t line up with information that the company provided to the DPP, about conditions that supposedly weren’t met for eligibility, and what they consider an abuse of process. They’re not likely to get very far with the appeal, but it’s a lifeline for them nevertheless.

On another front, there is now a live debate in the Senate regarding Senator Pratte’s motion to create a special committee to look into the issues surrounding the Affair, particularly separating the Attorney General from the justice minister, as well as the role of remediation agreements. It’s fairly fraught in part because there are a lot of unknowns in what he is proposing, given that it would establish a special committee rather than go through one of the established committees, and its known quantities in terms of membership. Nevertheless, the fact that his proposal has defined aims that are less likely to be read as partisan will mean that it’s more likely to get the support of the Independents, which is what will be important in getting the needed votes.

Continue reading

Roundup: Conspicuous silences

While responses from Canadian politicians and civil society was swift to the mass murder in New Zealand by an alleged white nationalist, Andrew Scheer’s initial tweets didn’t mention the fact that the victims were Muslims, or that they were killed in a mosque. He later put out an official statement that mentioned these things, but didn’t recant any of his winking to white nationalists with “globalist” conspiracy theories, giving succour to racists in order to “own the Libs,” or his wilful blindness of the racist and xenophobic elements of the “yellow vest” protesters that he recently addressed on the Hill (alongside other famous white nationalists, without denouncing them).

Ahmed Hussen said that people who are silent about hateful online comments feed into the narratives that lead to violence, which had Scheer’s office sniping that he was trying to score political points off of a tragedy, but it’s notable that Lisa Raitt and Michelle Rempel were calling out people posting racist responses to the news of the tragedy. (Notably, only Michael Chong called out the white nationalist problem in Canada). Here’s Carleton University professor Stephanie Carvin providing some national security and intelligence context, along with some analysis of how social media feeds this problem.

Andrew Coyne points out Scheer’s continued inability to do the right thing, not only with his poor first statement this time, but his inability to confront racists and for buying into populist conspiracy theories (and he even missed a few other examples).

Jody Wilson-Raybould

As the next Liberal caucus meeting draws closer, and a decision as to whether Jody Wilson-Raybould and Jane Philpott should be allowed to remain in caucus becomes more immediate, Wilson-Raybould published an open letter to her constituents to reiterate her commitment to being a Liberal, but it was more than that. Rather than just a simple statement about serving her constituents, or some feel-good language, she went on about being new to party politics and wanting to bring change to reject the culture of conflict, empty partisanship, and cynical games. Except this reads a lot like a cynical game in and of itself because it’s both a dare to the prime minister to keep her (and Jane Philpott) in caucus – Justin Trudeau saying he hasn’t spoken to either of them, and that he had no comment on this letter – and it sounds a lot like a challenge to Trudeau and his authority. You know, like she did with her refusal to turn over relevant information about recommendations for judicial appointments, and her refusal to be given a different Cabinet post. It remains to be seen what her endgame is, but this seems to be looking more like a future leadership bid, albeit in a way that hasn’t been done by those who have done so in the past. But that said, I think it’s pretty hard to ignore that Wilson-Raybould has an endgame in mind.

https://twitter.com/PhilippeLagasse/status/1106587109429641216

Meanwhile, the Conservatives have decided that they’re going to begin a new round of procedural warfare over the demands to get Wilson-Raybould to testify again at the Justice committee, and they’re going to demand all-night line-by-line votes on the Supplemental Estimates. But…we’ve seen this show already. It’s a poor procedural protest because these votes have zero to do with the Wilson-Raybould situation, and when they vote against line items, it opens them up to attack from the government – just like the last time they attempted this and voted against things like veteran benefits allocations. It’s not smart strategy, and it’s premature because the committee hasn’t decided if they’re going to hear from Wilson-Raybould again or not. And then they’ll cry foul, like “You’re making us inconvenience everyone!” when no, nobody is making you do anything. Try again.

Continue reading

Roundup: Playing into Ford’s framing

While Ontario Premier Doug Ford doubles down on his assertion that a carbon tax will drive the economy into recession, in the face of all evidence to the contrary. And it’s not just Ford’s doubling down on this assertion – the Saskatchewan government is also insisting that the report it commissioned on the effect of carbon taxes is correct, despite the fact that the other experts who’ve looked it over say that the report vastly overestimates the effect by orders of magnitude. But as with Ford (and Andrew Scheer), it’s not about truth – it’s about taking any crumb of data that they think will fit with their narrative and blowing it so far out of proportion that it becomes an outright lie.

https://twitter.com/MikePMoffatt/status/1087768772436463617

But beyond that, the way in which this issue is being framed in the media should be questioned – something economist Mike Moffatt did over the Twitter Machine yesterday.

https://twitter.com/MikePMoffatt/status/1087670357757227009

https://twitter.com/MikePMoffatt/status/1087673953819287552

And he’s got a point – the CBC’s own story to debunk Ford’s claims is headlined “Economists cool to Doug Ford’s warning of ‘carbon tax recession’,” which again frames this as Ford versus economists – something that plays directly into Ford’s hands because he can turn around and claim that this is just the out-of-touch elites in their ivory towers and not “real folks,” a populist construction that is again built on a foundation of lies. And yet we in the media can’t seem to help ourselves because we don’t want to be seen as being biased, even when we are subjected to bald-faced lies, and again, we need to look like we’re being fair to the liars who are lying to our faces, which they take full advantage of. We’re hurting ourselves, but we can’t seem to help ourselves.

Continue reading

Roundup: An unexpected shuffle

Yesterday’s Cabinet shuffle came with a few surprises, but the biggest was probably the decision to move Jody Wilson-Raybould from justice to veterans’ affairs – a move which can only be interpreted as a demotion, despite both prime minister Justin Trudeau and Wilson-Raybould making the argument that it was insulting to veterans to think of them as a lesser consideration. Added to that, Wilson-Raybould got defensive and put out a lengthy press release that said she wouldn’t discuss why she was moved, as that’s the prerogative of the prime minister (true), but then went on to laud all of her accomplishments as justice minister (which she bizarrely abbreviated as MOJAG – Minister of Justice and Attorney General, the first time I can recall such an abbreviation being used). The problem, of course, is that there was a lot of talk about how things were not going well in her office. I personally heard from a number of people in the legal community about their concerns about the managerial competence within Wilson-Raybould’s office, particularly around staffing key positions such as the Judicial Affairs Advisor – necessary for the appointment of judges, and a post that was left vacant for months at a time, as the number of vacancies began increasing, and still have a significant backlog in place. There was also a lot of staffing churn within her office, which should be a warning sign that not all is well. And more reports came out yesterday that there had been some tensions around the Cabinet table when it came to Wilson-Raybould, so the fact that she penned a defensive release probably speaks volumes.

As for the other ministerial changes, David Lametti (my Canadian Lawyer profile here) replaced Wilson-Raybould, who replaces Seamus O’Regan at veterans’ affairs, O’Regan moving to Indigenous services to replace Jane Philpott, who in turn replaced the departing Scott Brison. Trudeau added a new portfolio to the mix – rural economic development, under new minister Bernadette Jordan, who is now the Nova Scotian in Cabinet. That portfolio is another one without a ministry, and it looks like it’ll be housed within Innovation, Science and Economic Development, where all of the other regional development ministries are housed, but as with a growing number of portfolios under this government, it’s another minister without a line department of her own, which I find a bit concerning.

Meanwhile, there are so many hot takes on the shuffle, starting with Chantal Hébert, who says the few changes mean it’s steady-as-she-goes for Trudeau before the election. Likewise, Kady O’Malley’s Process Nerd column says these changes highlight that there is little room for experimentation, this late in the current parliament. Mercedes Stephenson echoes the sentiment, with some added details on O’Regan’s time on the veterans file. Paul Wells brings the shade when it comes to the performance of this government, and the inability for any particular minister to make any meaningful changes in the face of bottlenecks of authority in the PMO, and a government too afraid to make any changes so close to an election. Mike Moffatt delivers a thread on the challenges of rural economic development, and why the portfolio might be a good idea after all.

Continue reading

Roundup: Feelings over civics

Over the course of the weekend, I’ve been giving a great deal of thought to the Supreme Court of Canada’s decision in Frank v. Canada (Attorney General), 2019 SCC 1 – the decision about expat voting rights – and I still can’t bring myself to conclude that they the majority got it right. I’ve read over the decision and found myself greatly annoyed by the fact that majority simply shrugged off the very real issue of constituencies and local elections, and that in his concurring reasons, Justice Rowe mentioned them but shrugged them off. And while people will criticise the reasoning and analysis employed by the dissent from Justices Coté and Brown, they at least did pay particular and necessary attention to the issue of constituencies as it relates to our system – and the rationale for the five-year limit (in that it is the constitutional maximum length of a single parliament). And I can’t let this go, because five of seven justices of the Supreme Court failed to properly understand the importance of constituency-based democracy (and I think the Attorney General’s office also bears a particular amount of responsibility for not making the case adequately either).

To reiterate – we vote for local representatives. We don’t vote for parties, or party leaders, no matter what we may have in mind when we go into the ballot box – we mark the X for the local candidate, end of story. For an expat, it’s not the connection to Canada that should be at issue – it’s the connection to the riding, because that’s how we allocate our votes. The dissenting judges got that, but the majority and virtually all of the commentary I’ve seen on the matter ignored it, despite it being the first principle of our electoral system. The Attorney General focused on the “social contract,” which the majority decision hewed to, and there was a lot of talk about feelings and “progressive enfranchisement,” but feelings are not how we allocate votes in this country. Ridings are, and as warm and fuzzy as you feel about Canada, it’s the riding that ultimately matters. I feel like we’re rewarding civic illiteracy on a grand scale with this decision.

To that end, here’s Leonid Sirota offering his analysis of the decision, and University of Ottawa law professor Mike Pal’s thoughts in this thread. And here’s Emmett Macfarlane to pick apart the decision further (though we will disagree on the outcome).

https://twitter.com/EmmMacfarlane/status/1083740974008815617

https://twitter.com/EmmMacfarlane/status/1083743192225177601

https://twitter.com/EmmMacfarlane/status/1083744829278871552

https://twitter.com/EmmMacfarlane/status/1083745335044755456

https://twitter.com/EmmMacfarlane/status/1083747918736023552

Continue reading

Roundup: Poking at polarization

The new issue of Maclean’s is focused on political polarisation in Canada, with whole suite of stories and op-eds about the issue, starting with what is perceived to be the problems with the “left” (although this piece is more about the Liberals than the “left”) and the “right” in Canada, though I’m not sure how much relevance those particular classifications have any longer, as they’ve been so bastardised with a focus on populism that is either left or right flavoured (and lo, Anne Kingston makes that point here). And with polling showing that one in four hate their political opponents, and Trudeau especially, they made a point of trying to explore the divide.

Delving in further on the right, Andrew MacDougall looks at the Conservatives’ use of snark and shitposts to try and throw red meat to a base that stayed home in the last election, while Jen Gerson tries to equate the attempts made by Conservatives to tap into the current populist uptick as trying to tap a relief well to prevent a worse explosion – but they are playing a risky game that could infect their politics for a generation. On the other side, Andray Domise points to the “woke Olympics” and shifting social rules that alienate newcomers on the left, while Terry Glavin looks to the yellow vest protests in France (as opposed to Canada) as a sign that populism on the left is becoming indistinguishable from populism on the right.

But amidst this talk of polarisation, Paul Wells offers the piece that is probably most necessary – a reality-check as to the history of polarisation in this county, and how it’s always been there, in very blatant ways, and how we seem to be a country that is constantly battling amnesia as we clutch our pearls about losing our innocence. Not to say that some things haven’t changed, but it’s not like we’re wilting flowers being exposed to some new terrible new vitriol. (It’s like in Question Period, it’s the most behaved MPs have been in decades, possibly ever, and we’re still wringing our hands over it). That said, I think this was a good and timely package from Maclean’s, seeing as we’re entering into an election year and the nonsense on all sides is going to ratchet up to eleven really fast. Being clear-headed about where our politics are going is always a good thing.

Continue reading

Roundup: A subdued oil price shock

The Bank of Canada decided to hold on raising interest rates yesterday, but there were some very interesting things in the accompanying Monetary Policy Report that haven’t been widely reported on, and much of that was the whole section in the report on the state of the oil industry in Canada. (It’s pages 9 and 10 of the report – PDF here). Essentially, for all of the talk about economic doom for the current state of oil prices and the price differential, this current price shock is affecting the Canadian economy at a quarter of what it did in the 2014-2016 price shock, and there are a couple of reasons for that. One of them is that the oil sector is no longer as big of a part of the Canadian economy as it was then – it’s currently worth 3.5 percent of our GDP, while it was six percent just a few years ago. That’s fairly significant. As well, after the previous price shock, most energy firms are better equipped to handle the low-price environment thanks to innovation, improved efficiency and the fact that they already cut overhead costs. Add to that, our low dollar is providing a buffer effect because it supports non-energy exports and employment. In other words, while it’s softened the economy a little over the past quarter and the current one, this is projected to be shrugged off as the rest of the economy continues to pick up steam, and we’re likely to continue growing at a greater pace, because the rest of the economy continues to be running close to capacity. Even some of the areas of potential slack that have been identified, such as lower-than-expected wage growth, are mostly because the situation in Alberta is dragging down the national average. So perhaps it’s not all doom after all.

One other particular note from the morning was that Bank of Canada Governor Stephen Poloz made a couple of remarks around his hometown of Oshawa, and how it’s managed to weather previous plant closures and how its resilience means it will likely weather the pending closure of the GM plant as well as it did previously.

Meanwhile, Kevin Carmichael walks us through the morning’s decision, and some of the reaction to it.

Continue reading

Roundup: On those marginal tax rates

Given the debate that his happening south of the border when it comes to agitation for a 70 percent marginal tax rate on high earners, it’s only a matter of time before the left-leaning contingent of Twitter starts agitating for the same here. The problem, of course, is that you can’t simply import the same concepts between the US and Canada and expect it to be analogous, or at the very least analogous at one tenth the figures in the US. To demonstrate, economist Kevin Milligan took the Canadian data and mapped out what that would mean here. And lo, it’s not an analogous situation (though I suspect it won’t stop left-leaning Twitter from repeating these American talking points one bit).

https://twitter.com/kevinmilligan/status/1082383660857225217

https://twitter.com/kevinmilligan/status/1082385072718635008

https://twitter.com/kevinmilligan/status/1082386430175862784

https://twitter.com/kevinmilligan/status/1082387490319683584

https://twitter.com/kevinmilligan/status/1082411856315084805

Continue reading

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.

https://twitter.com/EmmMacfarlane/status/1075414877890502656

https://twitter.com/EmmMacfarlane/status/1075415929394102272

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?

https://twitter.com/EmmMacfarlane/status/1075469089450078208

Continue reading