Tag Archives: Supreme Court

Roundup: Energy, pipelines and C-69

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With the big climate conference about to get underway, and the current oil price crisis in Alberta – along with the demands by the Conservatives to withdraw Bill C-69, there’s a lot of interesting things going on if we wanted to actually talk policy and not just hurling insults and blaming Justin Trudeau for everything wrong in this world. So with that in mind, here’s Andrew Leach with a fascinating thread on the oil sands, pipelines, climate commitments, and Bill C-69.

By now means is Bill C-69 a perfect bill either, and I’ve spoken to lawyers on both the environmental and proponent sides about their concerns, and they can all point to some of the same concerns, but I also think that the Conservatives’ characterization of it as a “no more pipelines” bill is beyond hyperbolic. If it works as it’s supposed to, the ability to better scope assessments will likely mean more timely actions and targeted consultations thanks to the early engagement that the bill mandates. But trying to cast this bill as a millstone around the country’s economy is ridiculous on the face of it, and withdrawing it won’t miraculously make the oil price differential disappear, or GM to reopen the Oshawa plant, as has been intimated. But far be it for us to expect honest debate on these issues these days.

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Senate QP: Bland assurances from Morneau (part eleventy)

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Things got underway a few minutes early, as finance minister Bill Morneau arrived in the Senate for what promised to be a day full of pointed questions and pabulum answers – Morneau’s particular specialty. Senator Larry Smith led off, asking about the $9.5 billion budgeted in the fiscal update for “non-announced measures,” and Morneau responded with bland assurances about getting the right balance in the budget. Smith noted that he didn’t actually answer the question and that they needed to hold government to account, to which Morneau said quite right, but again didn’t answer, and offered more pabulum talking points about dealing with challenges while still trending the deficit downward.

Senator Batters was up next, and brought up the PM’s comments on social impacts of male construction workers to rural areas, citing that she only sees benefits. Morneau first cited that they look at employment on projects, and then noted gender-based lens for impacts, but didn’t elaborate on the construction worker issue.

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Roundup: Grewal gives some answers

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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.

https://twitter.com/PhilippeLagasse/status/1068485192149389312

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Roundup: Endorsing the Brexitshambles

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In case you haven’t been paying attention, Britain is currently in a state of utter omnishambles as they try to deal with Brexit. A potential deal that was reached resulted in Cabinet resignations, and some very real threats not only to Theresa May remaining as PM, but possibly toppling the government as a whole. It’s lunacy over there right now. Back here in Canada, Andrew Scheer has decided that this was the right time to reiterate his support for Brexit. Because “sovereignty.”

While Scheer can bang on about how much control the UK gave up to the EU, and repeating falsehoods like the canard about the EU having regulations around the curvature of bananas, he both ignores that the EU has created a peace that has been unknown in Europe for centuries, and the fact that much of the Brexit campaign was fuelled by straight-up xenophobia. It’s this latter aspect that is particularly relevant because it’s part of a pattern we’re seeing with Conservatives, as John Geddes pointed out a couple of months ago – that they have this inability to orient themselves in a plausible way with the current nationalist populist trends in conservatism globally. Add to that, there is this naïve notion that they can somehow play with just enough extremism without it going into outright xenophobia or racism (and we’re especially seeing this playout with Maxime Bernier who blows the xenophobia tuba and then acts bewildered that white nationalists start showing up in his new party). But you can’t play with “just enough” extremism, because you can’t actually contain it. And when you wink about things enough times, you can’t act shocked and surprised when your adherents spell out what you were saying – like that post from a riding association Facebook account that posted Harjit Sajjan’s photo with the tagline “this is what happens when you have a Cabinet based on affirmative action.” They’ve only stated repeatedly that ministers in the Liberal cabinet are only there to fill quotas (whereas everyone in the Conservative Cabinet was there “on merit,”) but the moment someone puts Sajjan’s face next to that, well no, that’s totally not what they meant at all. Sure, Jan. And that’s why you can’t actually claim that Brexit is all about “sovereignty,” because it absolutely wasn’t. You can’t divorce the inflated sovereignty concern trolling from the xenophobia – it’s the same mentality as trying to assert that you can use “just enough” extremism for your political ends, but not go all the way.

Meanwhile, Andrew Coyne remains boggled by Scheer’s continued endorsement of Brexit, and wonders if he’s trying to appropriate some of its populist nationalism (the aforementioned “just enough” extremism).

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Roundup: A diminishing vision of a regulator

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The Supreme Court of Canada returned their reference decision on the constitutionality of the proposed national securities regulator yesterday, and it was a unanimous green light – because this is a voluntary system, it’s constitutional. You may recall that a previous attempt to create such a national regulator to be imposed by the federal government was found to be unconstitutional, and lo, it didn’t happen. When the previous Conservative government constructed this new voluntary model, Quebec appealed to the SCC, and as we can see, didn’t win the day. And even with this decision, Quebec still says they’re still going to stick with their provincial regulator, thank you very much, and that’s that.

There are a few things to think about in this decision, and in the system as it’s being designed. One of them is that part of the mechanism that makes it acceptable to the Supreme Court is that the regulatory authority is being delegated to a council of ministers, but that may come with more challenges. Because the wait for this decision essentially stalled the work of the new regulatory body, it remains to be seen as to how long it will take to get the new system up and running.

While Andrew Coyne makes the point that this system really makes no sense because it’s not able to deal with the issue of systemic risk, it may be worse than that. I wrote about this proposal for Law Times back in the spring, and even proponents of the national regulator had started to sour on the concept because the proposed system as it was being built essentially let provinces maintain their own particular carve-outs, which increases the complexity and reduces the uniformity of the system across the country. Even more alarming, according to one lawyer I spoke with, is the fact that this sets up a system that is unaccountable, that makes up and enforces its own rules and is self-funding, which seems to go against most good governance norms. So we’ll see where this goes, but the final result certainly looks to be far less than what was initially promised.

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Roundup: Di Iorio’s bizarre tales

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The tale of absent MP Nicola Di Iorio got even more bizarre yesterday as he started talking to the media, but remained secretive about what he’s been up to since he stopped showing up to Parliament. Di Iorio claims that when he announced his intention to resign in April, there was an outpouring of support from the riding that had him reconsider. Fair enough. He then disputed the reporting that an issue had arisen because he wanted to hand-pick his successor rather than run an open nomination…and then basically confirmed it by saying he wants a hand in picking the successor in the riding and not wanting it to be an open nomination, casting aspersions on the nomination process and claiming the nomination is the election (because it’s a pretty safe seat). So, points for that own-goal.

But wait – it gets even more bizarre. Di Iorio claims that he is on a special assignment from the prime minister that has work that keeps him busy in the riding – too busy to be in Ottawa. And he won’t say what that work is, other than it has something to do with “road safety.” And to add to that, PMO confirmed that he “agreed to continue his work to ensure a smooth transition in his riding and to work on specific files that are in line with his work experience and expertise,” and that he’s expected to announce his decision regarding his future in the coming days. I’m…unconvinced by this. In my ten years covering the Hill, I have never seen any MP disappear for months on a “special assignment” that is so demanding that they can’t show up in Ottawa. I’ve seen plenty of sick leaves, and one or two stress leaves, but never a “special assignment” that has them ignoring their actual duties in Ottawa, where they should be. And why the PMO is being vague about this as well is all the more odd, and smacks of trying to save some kind of face for the situation that Di Iorio has caused. I’m not convinced that any of this is legitimate, so we’ll see what he has to say in the “coming days.”

Meanwhile, here’s Katie Simpson talking about her interview with Di Iorio yesterday.

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Roundup: Targeting the journalists

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It has become increasingly clear that the Conservatives plan to wage war against the media as part of their election strategy, which you’d think is funny because We The Media aren’t running in the election. The problem is that this isn’t actually about the media, but rather about undermining the foundations of the institution and the trust that people place in it. Why? Because in the wake of the growing success of populist leaders and movements, they’ve decided to abandon all shame and simply straight-up lie. Most of the media won’t call them lies, because they tend to aim for both-sides-ism “balance” that tends to look like “one side says this, the other side says that, you decide” in its construction, and Scheer and company have decided to exploit that for all it’s worth. And if you do call them on those lies, well, you’re the one who is suspect, whose motives are driven by partisanship, or because you’re looking for some kind of government job, (or my favourite, that I’m allegedly performing sexual favours for the PM).

What I find particularly rich are the Conservatives operatives behind this campaign of harassment is how they insist that they don’t rise to Trumpian levels, but you could have fooled me. They may not say “fake news,” but they intimate it at every opportunity. And if you call them out on a lie (which doesn’t happen often), then they go on the attack. It’s happened to me on numerous occasions (and usually the attacks are themselves wrapped in more lies and distortions), but then again, I’ve also decided to call a lie a lie and not couch it in both-sides-ism. As much as they insist they’re just “pointing out specific inaccuracies” or “countering criticisms,” that’s another lie, and we all have the receipts to prove it.

In the meantime, they’ll content themselves with this sense of martyrdom, that they’re just so hard done byfrom the media, that the coverage of the Liberals is “glowing” while we do nothing but attack the Conservatives (have you actually read any reporting?) and that apparently the pundits are all taking the Liberals’ sides (seriously?) and that justifies their need to “go for the jugular.” But when you’re accustomed to blaming others to assuage your hurt feelings, you think that your attacks righteous, and that’s where we are. So yeah, this is going to get worse, it’s going to get Trumpian, and they’re going to keep insisting that they would never demonise the profession, but don’t believe them. It’s in their interests to undermine journalism, and they lack any shame in doing so.

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Roundup: Kenney and Scheer vow to repeat mistakes

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There was a conference in Calgary yesterday called “Energy Relaunch,” during which both Jason Kenney and Andrew Scheer laid out plans for how they propose to get the province’s oil and gas industry “back on track” if they were to form government. The problem is that they seemed to have learned absolutely no lessons from the past few years about where the problems and bottlenecks in the process lie, and what to do about them. Their solutions tended to be to use bigger bulldozers and to gut more legislation, and Kenney more specifically included funding the legal challenges of resource-friendly First Nations communities and targeting “foreign-funded” organisations that opposed development (because it’s all one big conspiracy by the Tides Foundation, and however else makes a convenient scapegoat). But if anyone has paid any attention to the court decisions over the past number of years, especially over Northern Gateway and Trans Mountain, the theme that emerges is that they have been slapped down because successive governments have attempted to cut corners and weasel out of their obligations rather than doing the hard work of proper assessments and consultation with Indigenous communities that would get them the approval they were looking for. The current Liberal government seems to get this fact and is proceeding accordingly when it comes to Trans Mountain, while Scheer and Kenney wail and gnash their teeth about how they didn’t appeal the decision to the Supreme Court of Canada (without articulating what the error in law was), or somehow legislating away the problems (never mind that retroactive legislation will lead to more litigation, and you can’t legislate away your Section 35 duty to consult obligations).

Kenney also promised that if made premier, he would launch a “war room” to counter any critics of the oil sands in real time. The problem is that hasn’t worked to day, and won’t work going forward, but Kenney refuses to grasp that reality.

Energy economist Andrew Leach was also presenting at the event, and has some thoughts as to what he heard as well:

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Roundup: Getting the TPP to the finish line

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

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

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

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Roundup: A “grand coalition” is a terrible idea

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Over in New Brunswick, where there has been no movement on whether or not there will be a new government, we are being treated to such views as the suggestion that there should be a “grand coalition” between the Liberals and Progressive Conservatives in the province to…rise above partisan interests? Erm, well, leaving aside the fact that there is a lot of bad blood between the leaders and it’s never going to happen, I find the suggestion in and of itself utterly offensive. Why? Because our system depends on there being an opposition to hold the government to account. That’s the whole point of parliament after all – to hold government to account, and while backbenchers are supposed to play that role as well as the opposition, in practice it often doesn’t work that well because the incentives are rarely there when there are Cabinet posts to distribute and the fact that we’ve bastardized our leadership system so as to neuter caucus’ ability to hold their leaders to account. Such a “grand coalition” would mean that the province has an opposition comprised of two three-member parties, which would have to fight over who gets to be the Official Opposition, and would have a hard time doing the job of holding a massive coalition government to account.

Now, I will add that New Brunswick and its peculiar political culture once returned a legislature that was 100 percent Liberal and had zero opposition members, and they managed to make it work. Sort of. But it’s not a situation that anyone should want to repeat, because it’s a Very Bad Thing for democracy and the practice of Responsible Government. Opposition plays an important role, and I know that people don’t like it because the adversarial nature can become both theatrical (witness Question Period), but if members don’t take that theatricality to heart, it can become embittering – especially if there are few avenues for cross-partisan bonding. I don’t know enough about how that part of the political culture works in New Brunswick, but the diminishing avenues for such bonding in Ottawa has created a less collegial parliament than it used to be in years past, and that’s a problem.

https://twitter.com/SkinnerLyle/status/1052295726477312000

Meanwhile, the lieutenant governor is straying dangerously out of her lane in issuing statements warning the parties to come to a solution because she doesn’t think the province wants a new election, and that means also finding a Speaker. This shouldn’t be public, and I get that some people want transparency, but she shouldn’t be doing this – especially because it gives people the idea that she can boss around the premier, which she can’t actually do unless we want to undo 170 years of Responsible Government in this country. It’s especially bad if the parties are trying to play the LG and trying to force her hand in some way – which is the kind of gutless manoeuvre that we should expect from Canadian politicians who don’t like to be seen to be making unpopular decisions and will try to foist the blame onto someone else. This whole situation is distasteful, and everyone needs to grow up and behave like adults.

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