Roundup: Sending amendments back a second time

There’s drama with the Senate, after they sent back the omnibus transport bill back to the Commons a second time, after the government rejected several of the nineteen amendments proposed. We haven’t seen this happen in twelve years, that last time being in 2006 when there was back-and-forth on Harper’s Accountability Act, when he had a minority in the Commons, and the Liberals had a majority in the Senate, giving them the necessary leverage. But while much of the focus is on whether or not there’s going to be a constitutional crisis over this (there’s not, and quit being such drama queens about it), there is actually some nuance here that should be explored a bit more.

There are a couple of reasons why the Senate eventually voted to insist on some of the amendments, and one of those had to do with the way it creates unfairness for the Maritimes when it comes to rail transportation rates, as there is a monopoly in the region. What’s very interesting about this is the fact that after PEI Senator Diane Griffin made her speech about the regional unfairness, all subsequent debate became spontaneous and unscripted – something we almost never see in either chamber. This is how Parliament should work, and based on that speech, some senators changed their votes, which shows that the process does work as it’s supposed to, from time to time. It also shows that the Senate is fulfilling its role when it comes to standing up for regions, as they are doing for the Maritimes in this case. (Griffin, incidentally, says she’ll likely back down if the Commons rejects the amendments a second time).

The other reason the Senate is sending these amendments back, however, is the fact that when the government rejected them, they didn’t offer an explanation as to why, and this is important (and I haven’t seen anyone reporting this fact). And this puts the onus on the government, because they owe senators that explanation as to why their sober second thought is being rejected. Just about a year ago, when the Senate sent back amendments to the budget implementation bill, the House rather snippily stated that such amendments would impede the privileges of the Commons – but never stated how they would do so. While the Senate passed the bill, they did send a message back to the Commons that yes, they do have the ability to amend budget bills thank you very much, but they did make sure to let Bardish Chagger know their displeasure the next time she appeared at Senate QP, where they wanted the explanation as to how the amendments would impact the Commons’ privileges (and she never did give them an answer). Trudeau keeps saying he respects the independence of the Senate, but he should demonstrate that respect by offering explanations and not treating the work of the Senate in such a dismissive manner.

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Roundup: Dumbing down the border debate

The Conservatives were in full performative outrage mode yesterday, with a Supply Day motion to demand a plan by May 11thto stop the influx of irregular border crossers seeking asylum, and for the PM to admit that his “Welcome to Canada” tweet is the cause of the problem. It’s not going to work, but it’s indicative of the way in which they are dealing with complex issues and trying to boil them down in a way that is ultimately disingenuous, while using bogus arguments like how the backlogs in this system are slowing down legitimate immigrants and refugee claimants – the immigration stream is separate and is unlikely to be affected by this influx, and when you’re talking about “legitimate” refugees, there is a great deal of difference between resettling refugees in camps and processing the claims of those who arrive on our shores to claim asylum. Those claims, yes, are slowed down, but it’s more than just this influx that is that problem, and drawing this link is a long-time Conservative tactic of trying to play immigrants and refugees off of one another.

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For example, Michelle Rempel has been demanding that the government simply declare the whole border with the US to be an official port of entry for the purposes of the Safe Third Country Agreement, in order for us to simply turn back anyone who crosses from the US. See! Simple! It’s not like we need American sign-off to do so (because it’s their border too), and it does nothing about what has been driving this influx in the first place, which is less Trudeau’s tweet than the tweets of one Donald Trump. And while the government deployed MPs with linguistic ties to communities that were crossing previously, such as Haitians and Guatemalans, the influx we’re seeing right now has to do with Nigerians who are getting tourist visas for the US, and then using those to cross into Canada. To that end, we learned yesterday that the government has been sending officials to Nigeria to try and engage on the ground there, while also working with the Americans to try and get action from them that their tourist visas are being abused, so we’ll see if that has any measurable effect.

This isn’t to say that the current government isn’t blameless in all of this either. While they correctly point to the fact that the previous government made cuts to both the Immigration and Refugee Board and CBSA, which are reverberating to this day, they have had their own problems when it comes to not filling vacancies on the IRB because they changed the appointment process, and like virtually all of their appointment processes, the changes have slowed down the system to a crawl, and have touched off a slow-moving crisis within the whole of government and the courts. That’s on them 100 percent, and that is the problem that’s causing slowdowns with more than just refugee claimants, but also immigration appeals (and they are separate parts of the IRB, so again, it’s not just the influx of claimants causing problems for immigrants). But those aren’t the kinds of issues that the opposition is touching on with this issue, and it’s not the kind of simple solution that they’re trolling for, which is ultimately what’s harming the debate.

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Roundup: Emergency Cabinet stalling

After yesterday’s emergency Cabinet meeting, you might think that ministers would have something to say. They did – they stated that they remained 100 percent behind the construction of the pipeline, and then Jim Carr fled to catch a plane, and all other ministers similarly fled, with Bill Morneau dropping a few more hints before he had a later media availability in Toronto, where he said that they would be meeting with Rachel Notley today in order to further discuss options. Of course, why they couldn’t just say this at the time is part of the frustrating way in which this government chooses to communicate (though I keep reminding myself, and occasionally others, is that if this were the Harper years, we wouldn’t know there was a meeting, reporters would have been barred from the third floor where it happened, and ministers would flee down the back stairs so as to avoid media).

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Notley, meanwhile, says that her government is prepared to buy the pipeline outright if Kinder Morgan pulls out (and there is speculation that if Kinder Morgan fails to get the pipeline built, they could launch a NAFTA challenge against the government). John Horgan says that Notley’s threats to legislate the cut of oil to BC, forcing them to raise gasoline prices, would be “provocative” – something he says as though butter wouldn’t melt in his mouth. And to add another wrench into things, AFN National Chief Perry Bellegarde finally broke his silence on the Trans Mountain issue, asserting that UNDRIP principles mean they need First Nations consent.

But amidst all of this, we get back to some basic problems, in that thus far, BC hasn’t actually done anything yet, so there’s nothing that the federal government can actually do other than make a bunch of symbolic statements. Demands that this be taken to the Supreme Court are left with the basic problems of just what we’re asking them to weigh in on – federal jurisdiction is settled law, and until BC actually comes up with their novel plans to skirt the constitution, we have no actual question for the Court to decide on (when it eventually does – it wouldn’t hear the reference until the fall at the earliest, and then likely take up to six more months to render their decision). I’m hard-pressed to call that a panacea to the problem, or to give Kinder Morgan the comfort they’re seeking.

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Good reads:

  • The Commons Public Safety committee will meet for sixty minutes at noon on Monday to hear from National Security Advisor Daniel Jean.
  • The Mexican ambassador says that while wages in Mexico are increasing, they won’t rise to the levels demanded by some NAFTA players immediately.
  • The big omnibus crime bill contains a clause that would allow police to submit court testimony in writing instead of in person, meaning defence can’t cross examine.
  • VADM Mark Norman had his first court appearance, and it’ll be a high bar for the Crown to prove breach of trust. Here is a guide to the cast of characters in this saga.
  • The government still doesn’t have a timeline for eliminating the gay blood donor ban (but they are compiling research for a move to a better risk-based system).
  • Tired of waiting for the government to fulfil its promise to repeal mandatory minimum sentences, Senator Kim Pate plans to table a bill to do just that.
  • A book by former Dion advisor Jocelyn Coulon insists that there was a frosty relationship between Trudeau and Dion, stemming Dion rebuffing Trudeau in 2006.
  • The Ethics Commissioner might open an investigation into Raj Grewal’s invitation on the India trip (but nobody has said how his private interests were furthered).
  • Stephen Harper tweeted congratulations to Hungarian prime minister Viktor Orban, who is anti-Semitic and anti-Muslim. John Geddes delves deeper here.
  • In an excerpt from his forthcoming book, Maxime Bernier expresses some sour grapes and says that Andrew Scheer won thanks to “fake Conservatives.”
  • Kady O’Malley’s Process Nerd column takes on the issue of those illicit political donations by Conrad Black.
  • Susan Delacourt looks at Canadians’ growing distrust in Facebook.
  • Martin Patriquin notes the Liberal inability to own their pithy phrases when they backfire, preferring instead to shift to less sentimental talking points.
  • My column calls out the insistence that there are “simple questions” or simple answers to the Trans Mountain issue.

Odds and ends:

An academic examination of Justin Trudeau’s Instagram feed shows not a single selfie among the image he’s crafted.

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Roundup: That $1 trillion figure

The big scary headline yesterday was that Canada’s market debt had reached $1 trillion. OH NOES! screamed the commentators, and the Conservatives most especially (albeit not in Question Period, but at committee). Part of the problem with this figure, however, is how it’s being reported, and most especially, being compared to things like a household mortgage, which it is absolutely nothing like. For starters, the “market debt” figure being reported there adds a great many things into it – things like the debts of Crown Corporations like CMHC, the Business Development Bank of Canada, or Export Development Canada. These may have federal backstops, but with BDC and EDC, for example, these are important vehicles for entrepreneurs and exporters to expand their businesses, which is generally good for the economy. And you can bet that the “fiscal hawks” out there are disingenuously bundling this into the federal government’s net debt, or sub-national government debt, and giving themselves the vapours to prove a point, which isn’t necessarily helpful.

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And as much as the Conservatives are snarking at Bill Morneau over this figure, ignoring how much they added to the national debt in the wake of the financial crisis of 2008 (much of the spending coming too late as the recovery had already started when they spent the money, which was also not necessarily spent efficiently) or the fact that when the Liberals took office in 2015, there was a $70 billion hole in GDP because of the mini-recession that happened in part due to the drop in oil prices. That $70 billion is largely where their increased deficit figures come from, not that they communicate this very effectively. But despite Kevin Page’s warning that interest on debt is the fastest growing line item in the federal budget, debt-to-GDP is going down, and the deficit is shrinking faster than initially reported because the economy has been growing faster than expected. Current PBO figures show that there is no debt bomb – federal figures are in a downward trajectory sustainably. I’m not sure that tearing our hair out over this $1 trillion figure is helpful, particularly because it bundles in a lot of things, and the reporting on that isn’t making it clear. It’s just a big number that people are supposed to get upset over, which helps nobody understand the true fiscal situation, of the levers that governments have to deal with it.

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Roundup: Gaming the system a second time

So the Ontario Progressive Conservative Party’s nomination committee has allowed Patrick Brown to run for the leadership contest, despite the fact that he was kicked out of caucus (which also rescinded his nomination as a candidate in his riding), which is going to go super well for everyone involved, be it Brown claiming that he’s been vindicated from the allegations (he hasn’t), or the other candidates who are trying (and failing) to come up with new policy on the fly as they try to distance themselves from Brown’s campaign platform. But what gets me are all of the pundits saying “It’s up for the party members to decide,” which should provide nobody any comfort at all, because the reason the party is in the mess it’s in is because Brown knew how to game the system in order to win the leadership the first time. He has an effective ground game, and can mobilise enough of his “rented” members, likely in more effective distributions (given that this is a weighted, ranked ballot) than other, more urban-centric candidates can. He played the system once, and has all the means necessary to do it again. Saying that it’ll be up to the membership to decide is an invitation to further chaos. This is no longer a political party. It’s an empty vessel waiting for the right charismatic person to lead it to victory, which is a sad indictment. Also, does nobody else see it as a red flag that Brown’s on-again-off-again girlfriend is 16 years his junior and used to be his intern? Dating the intern should be a red flag, should it not? Especially when one of his accusers is a former staffer.

Meanwhile, here’s David Reevely previews the party’s civil war, while Andrew Coyne imagines Brown’s pitch to members as his running as the “unity candidate” in a party split because of him.

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Roundup: What Stephen Harper knew

Some more explosive revelations last night, as Maclean’s acquired and published the internal emails of the Conservative campaign team when it came to their dealing with the matter of Rick Dystra’s nomination in the midst of his allegations that he sexually assaulted a staffer in 2014. Shortly after that was released, statements were put out by Ray Novak and then Stephen Harper himself to give their own versions of what they knew and the decisions they took at the time, and why they justified keeping Dykstra on (though he eventually lost his seat in the election).

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Amidst all of this, Jen Gerson has a very incisive column on the culture of politics, where sex and booze are the comforts of people away from their homes and families in a cloistered environment that has a frat-boy air to it all. And why nobody acts when it comes to allegations that “everyone knows” about, such as those related to Patrick Brown, is in part because gossip is part of that culture, and where information is power, compounded by the tribalism that comes with partisans who want to protect their own – while spreading dirt about their enemies – makes it difficult to know what to take seriously (and which is why the Erin Weir situation is probably an overreaction, whether justified or not). It’s a worthwhile read that tries to put the past couple of weeks in some better context than we’ve been getting with piecemeal stories coming out, and discussions around the environment on the Hill that don’t take cultural context into consideration as to why it persists beyond just simple power imbalances.

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Roundup: The emancipation of Lynn Beyak

Conservative leader Andrew Scheer, along with his Senate caucus leader, Senator Larry Smith, announced last night that troublesome Senator Lynn Beyak had been kicked out of caucus after she refused to remove blatantly racist “letters of support” from her website. In true Scheer form, he not only didn’t effectively manage the situation, but waited until there was a media storm before he backed down, just as he did with deciding not to give any more interviews to Rebel Media post-Charlottesville, or having to back down somewhat on his campus free-speech zealotry in the wake of another incident (though he did get back on that bandwagon again after the whole Lindsay Sheppard incident).

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While this move was met with a number of people saying “better late than never,” I’m not so sure. In fact, I think that he’s just created a monster now that Beyak no longer has any kind of adult supervision. Indeed, I suspect that he’s just made a martyr out of Beyak, who can now claim that she’s a victim of “political correctness run amok,” and she will quickly attract a group of odious racists and free speech absolutists, and it’s not out of the realm of possibility that she’ll be yet another Jordan Peterson-like figure (though likely without the need for the Patreon account, given her Senate tenure).

But that Senate tenure is exactly why this situation should have been better managed, and why expelling her from caucus was possibly the wrong thing to do. At least inside of caucus, she could have been managed, and if they had been on the ball, they should have had a better handle on what she was posting to her website and had it locked down long before now, using whatever means of coercion are available to party and Senate caucus leadership. After all, taking her off of committees didn’t seem to do the trick, but I’m not sure what kinds of measures they were using to manage her once that happened, if any. And that’s key, because as someone who has institutional independence and can’t be fired, managing her was the best possible thing that they could have done rather than letting her continue to court racists. (This being said, the fact that she was viewed as a Pollyanna figure by some of her fellows was probably why they didn’t think they needed to manage her as closely, and look what happened as a result).

Beyak is likely to continue to sit as a non-affiliated Senator, as we can be assured that the Independent Senators Group will want nothing to do with her, especially as they have a new rule that means that they need to have a two-thirds vote to admit her into their caucus. While people will howl for her to resign, I sincerely doubt that she will, given that she’ll have a new crowd of adherents that will flock to her now. She can’t be expelled from the Senate unless she’s convicted of a serious crime or is found to be in violation of Senate ethics rules, and there’s nothing to suggest that she would be (not to mention that there will be great reluctance to push her out for what she’s said, no matter how odious it may be, because free speech is greatly valued in the Senate). Trying to have her charged with hate crimes isn’t likey to work as I doubt she meets the bar for that, and dragging her before the Human Rights Tribunal will make her an even bigger martyr with the free speech absolutists. And so now we’ll be stuck with her until February 2024, because the party leadership couldn’t figure out how to properly manage a problem like her. Well done, guys.

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Roundup: Share sales and the sputtering outrage cycle

As the full-blown moral panic into what financial assets cabinet ministers own continues, we see the news that Bill Morneau has indeed sold off his shares in Morneau Shepell, for what it’s worth. Not that it will stop any of the chatter at this point – the outrage cycle continues to exhaust itself, and until some new outrage crops up, we’ll continue hearing about this as it sputters and runs on fumes.

And hey, why not find out what every other cabinet minister owns? The Star did, and I’m not really sure how edifying this whole exercise was in the end. Never mind that once again we’re reaching the point of absurdity with all of this. Are there problems with the ethics and conflict of interest legislation? Probably. Were loopholes identified previously? Yup. Did MPs do anything about it then? Nope. Do they really have an interest in closing any of them now? Probably not (and no, the NDP motion that the government voted down was not indicative of anything because it also contained a bunch of other stuff, as these things so often do, that was designed to embarrass Morneau and the government had they voted for it. Because in politics, we can’t have nice things). And once you add in all of the tall poppy nonsense, we’re left with the same tiresome moralizing that we’re always left with when it comes to “perceived” conflicts that aren’t actually there but which were invented out of whole cloth with the convenient lining up of “facts” that don’t pass the bullshit filter. And then we complain that nobody wants to get involved in politics.

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Meanwhile, the Liberals are pointing out that Andrew Scheer has assets in Real Estate Limited Partnerships that are really only for the wealthy. Predictably, the Conservatives cite that he’s worth only a fraction of Morneau, and then cries of hypocrisy flew from both sides, and the outrage cycle continues to chug along.

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Roundup: Abandoning a fiscal anchor

In yesterday’s National Post, economist Stephen Gordon cast a critical eye on the fall economic update and the government’s excuse for running deficits, and the decision to abandon the fiscal anchor of balanced budgets in favour of a declining debt-to-GDP ratio. And rather than worrying about the non-existent debt-bomb, Gordon is mostly looking for answers why the policy shifted post-election. Fair enough. (He also does the math on how much more a government can spend by shifting the fiscal anchors like the government did here).

Enter fellow economist Kevin Milligan, who digs through and finds an answer. Enjoy.

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Roundup: Harper unhappy with NAFTA talks

Stephen Harper has apparently written an angry memo to his clients about the governmetn’s handling of the NAFTA negotiations, accusing them of bungling them by not evaluating American demands seriously (err, you have seen how many of their demands are literal impossibilities, right?) and of ignoring a softwood deal (which officials say was never on the table), and of aligning themselves too much with Mexico when they were the targets of America’s ire. Canadian officials are none too pleased, and consider it a gift to the Trump administration.

Alex Panetta, the Canadian Press reporter who broke the story, has more commentary below.

Paul Wells offered a few thoughts of his own on the news.

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Incidentally, the PM has also vocally disagreed with former Conservative minister James Moore’s assertion that trade talks with China are hurting our talks with the Americans.

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