QP: Pushing back on partisanship

While the prime minister was off in Alberta and BC to offer reassurances around the purchase of the Trans Mountain pipeline, Andrew Scheer was in Ottawa for a change. Scheer led off, mini-lectern on desk, reading concern about the three weeks that it will take for Canadian retribution for US tariffs to come into effect. Ralph Goodale responded by saying that the US tariffs were insulting, before reading condemnation about Scheer’s partisanship over the issue. Scheer took swipes at the government’s apparent inaction and again demanded again to know why it would take three weeks for retaliation to come into effect, and Goodale again read more condemnation of Scheer’s partisanship. Scheer insisted that his pointing out the failure to implement the retribution was in the national interest and was his job in holding government to account, before he changed to the Kinder Morgan retention bonuses — conveniently ignoring the “retention” part. Bill Morneau stood up this time to say that Scheer was coming out against Canadian workers on this project. Scheer tried again, and Morneau responded that he wouldn’t comment on what a private company does, before reiterating that the Conservatives apparently don’t care about the jobs this would create. Scheer switched to French to concern troll about Supply Management, to which Marie Claude Bibeau stood up to insist that the government was resolute in the defence of Supply Management. Alexandre Boulerice led for the NDP, railing about the Trans Mountain pipeline, to which Morneau reminded him that this was about Canadian jobs. Boulerice insisted this project ignore First Nations’ rights, and to this Jim Carr assured him that they did consult, more than was required. Georgina Jolibois took over the question in English, hammering on the UNDRIP angle, to which Carr noted the co-development of the monitoring committee and that it was food for shared prosperity. Nathan Cullen got up to sanctimoniously lament that the government was pitting one First Nation against another — which erupted in cries of shame — to which Carr wondered if Cullen had consulted with the First Nations that were in favour of the project.

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QP: Talking to elites

While Justin Trudeau was in London, meeting with Her Majesty the Queen and prime minister Theresa May, Andrew Scheer was in fact present today, in the wake of the salacious news that Maxime Bernier had pulled his book that was critical of his leader. Scheer, mini-lectern on desk, led off by reading some concern about investor confidence in the energy sector, and he claimed that the previous government got Northern Gateway “built.” Jim Carr stood up and stated that it was news to him that Northern Gateway got built, and didn’t in fact get its permits revoked by the Federal Court of Appeal. Scheer then got up rue that Trudeau was in Europe with elites, talking down on the energy sector, and Carr reminded him that just days ago he was here talking up the sector and the Trans Mountain expansion. Scheer insisted that Trudeau told his European audience that he was disappointed that he couldn’t phase out the oil sector tomorrow, but Carr rebutted with his line about how incredulous it was that Scheer took to the microphones on Sunday to decry Trudeau’s announcement after the meeting with the two premiers before Trudeau even made it. Alain Rayes got up to decry Trudeau’s lack of leadership in French, to which Marc Garneau stood up to lay out the support the government had given. Rayes wondered how much of taxpayers’ money would be spent on the project, but Garneau merely reiterated that they considered the project to be in the national interest. Guy Caron was up for the NDP, noted that the Health Committee’s study on universal pharmacare would be tabled later, and demanded action on it. Ginette Petitpas Taylor thanked the committee for their work, and she would consider its finding. Caron demanded immediate action in French, and Petitpas Taylor noted the commitments in the budget toward national (but not universal) pharmacare. Charlie Angus was up next, and demanded to know if the government felt their Section 35 obligations were met with Kinder Morgan, and Carr reminded him of the Supreme Court decision around Northern Gateway around consultations, so they went and consulted further for Trans Mountain. Angus pressed, terming it a “Liberal pipeline,” and Carr reiterated his line about the fact that there may not be unanimity, but there are many Indigenous communities who are in support.

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QP: Digging up a dead horse

As spring snow fell over Ottawa, Justin Trudeau was in Paris on an official visit, while Andrew Scheer was in Calgary rather than be in Question Period. That left Lisa Raitt to lead off, dredging up the long dead and buried horse of Justin Trudeau once saying that the oilsands needed to be phased out (never mind that he clarified it was a long-term goal in moving toward a decarbonized future). Jim Carr responded that they approved Trans Mountain and have reiterated their support for it continually. Raitt worried about industry uncertainty and the “flight” of capital from the country, to which Carr reiterate that the uncertainty wasn’t coming from them but one province, and that they are having discussions with Kinder Morgan to ensure there was investor certainty. Raitt worried that this lack of confidence was coming from the federal government’s inaction, but Carr reminded her that her government didn’t get a single kilometre of pipeline built to tidewater. Gérard Deltell took over to re-ask the “phased out” question in French, and Marc Garneau reiterated Carr’s points in French, and then they went for a second round of the same. Guy Caron was up next for the NDP, railing that the federal government was imposing its will on BC, and Garneau reminded him that the pipeline was federal jurisdiction per the Supreme Court and the constitution, and they were talking with the two provinces involved. Caron switched to English to rail that BC’s government was elected on a promise to stop it and governments are supposed to keep their promises. Carr reminded him that Alberta’s government was elected on a promise to build it, but it was federal jurisdiction. Romeo Saganash got up next to decry that the government wasn’t respecting their obligations to Indigenous communities around the pipeline, and Carr reminded him that they did more consultations than the previous government did, who got smacked down by the Supreme Court of Canada over their lack of proper consultations. Saganash insisted that there were no actual agreements with Indigenous communities, but Carr said that there was no agreement between Indigenous communities, and indeed between NDP premiers, but a decision needed to be taken.

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QP: Not the debunking they were looking for

MPs were almost all wearing jerseys to pay tribute to the Humboldt Broncos on a day where the city was wrecked by an ice storm, while Justin Trudeau was on a official visit in Paris. After a moment of silence for the Broncos, Andrew Scheer led off, mini-lectern on desk and read some hyperbolic doom about the Trans Mountain pipeline expansion. Jim Carr first offered condolences to the people of Humboldt, and then said that the PM has given instructions and that the pipeline would be built. Scheer then listed some cherry-picked “evidence” about how the government has apparently shaken investor confidence in energy projects, to which Carr listed the approved projects. Scheer then switched topics to demand the government repeat the “debunked conspiracy theory” around the Atwal Affair™, and Ralph Goodale first gave his own tribute to the Humboldt Broncos. Scheer repeated the question, demanding that the government apologise to the Indian government, to which Goodale reminded him that the PM previously said he supported what Jean had to say. When Scheer tried to insist that there was a discrepancy — playing cute that he was the one who created that particular narrative and not the PM — to which Goodale reminded him again that he has not yet taken up the briefing that had been offered to him, and that he was remaining deliberately ignorant of the facts in the case. Guy Caron was up next for the NDP, raising Trans Mountain and jurisdictional issues, and Marc Garneau stood up to insist that they had federal jurisdiction as asserted by the Supreme Court of Canada. Caron switched to English to demand a Supreme Court reference on the question, and Carr reminded him that the BC government did approve it, they did not use the same approval process as the Harper government, and that they did unprecedented consultations with Indigenous communities. Charlie Angus then got up to rail that the Indigenous consultations were colonial, and Carr noted that the project was divisive, even within political parties. Angus gave it another go around, and Carr reminded him that they did undertake unprecedented consultations, and that 44 Indigenous communities do have benefit sharing agreements, and also raised the Indigenous-led monitoring committee.

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Roundup: A big meeting, no big answers

Yesterday saw the big meeting between Justin Trudeau and premiers Rachel Notley and John Horgan on the subject of the Trans Mountain expansion, and what was supposed to be a 35-minute tête-à-tête turned into over 90. We didn’t get specifics out of the meeting, but we got some clues, in particular that Horgan is pointing to deficiencies in the government’s ocean protections plan, while Trudeau and Notley will be in discussion with Kinder Morgan about a possible stake in the project to help with risk mitigation, and to get the ball rolling before construction season. Trudeau also noted some kind of upcoming legislation to reiterate federal jurisdiction over the project, but one hopes that they don’t try to declare this under Section 92(10)(c) of the Constitution, because it’s already federal jurisdiction and invoking that when the jurisprudence is already settled would introduce doubt that doesn’t actually exist – no matter what Horgan seems to imply.

And then comes along Andrew Scheer, who demonstrates either a wilful ignorance of history, or a willingness to again demonstrate that he is a fabulist – or possibly a combination of the two. Regardless, his particular assertions about the history of government investment in energy projects is woefully mistaken and wrong.

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Meanwhile, Susan Delacourt looks at how the meeting de-escalated the tensions somewhat, while Paul Wells reads everyone’s positions, and wonders if the government’s plans actually address Kinder Morgan’s concerns. Also, here’s a reminder about the last time a BC premier tried to intrude on federal jurisdiction and got slapped down hard by the federal government.

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QP: It’s true if they say it is

While MPs waited for the budget to be released, all of the leaders were present for the first time in a while, and we all awaited the performative outrage. Andrew Scheer led off, mini-lectern on desk, and in French, he immediately read the demand to know whether not names submitted to the events in India were vetted by security services. Justin Trudeau got up, and with a rare script in hand, he listed off the pabulum talking point that the invitation should not have been made, was rescinded, and security services did their jobs. Scheer switched to English and lit into Trudeau about how “disastrous” the trip was and the media briefing that put forward the theory that the Indian government was involved in Jaspel Atwal’s presence, but Trudeau picked up a different script to praise the Canada-India relationship. Scheer demanded to know if a public servant was put forward to run interference with the media, and Trudeau picked up another sheet to points out that they respect the non-partisan public service, unlike the previous government, and if one of them says something to Canadians, it’s because they know it to be true. Scheer tried again, and this time Trudeau put down the script to nor vigorously reiterate that the previous government used public servants for partisan ends and they did not. Scheer closed off by asking if they knew of other extremists who attended these events, but Trudeau demurred. Guy Caron was up next, and he immediately railed about cost-benefit analyses related to whether or not CRA went after large violators. Trudeau picked up a new script and listed off the measures they are taking to combat tax evasion, which includes exchanging data with partner countries. Caron switched topics to worry about web giants getting benefits over Canadian companies when it comes to taxation. Trudeau, sans script, reminded Caron that they would not increase taxes even if the NDP demanded it. Charlie Angus was up next and returned to the Atwal issue, and Trudeau picked up his script to read the praise for the trusted non-partisan security services. Angus tried to link Atwal with “partisan pork-barrel politics,” which was a stretch, and Trudeau reiterated that the invitation was rescinded.

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QP: Decrying a fictitious pardon

While Justin Trudeau remained away at the APEC summit, and with Andrew Scheer elsewhere — despite having been present for caucus just hours before — it was up to Lisa Raitt to lead off QP, and demanded to know if Liberal fundraiser Stephen Bronfman was under CRA investigation for his inclusion in the Paradise Papers. Diane Lebouthillier simply stated that they were treating tax evasion seriously and had invested in fighting them. Raitt stated that since the PM assured reporters that he was satisfied with Bronfman’s explanation, she accused him of interfering with the investigation.  No change in Lebouthillier’s answer. Raitt then, incredulously, declared that the PM had “pardoned” Bronfman and railed about separate rules for Liberals than anyone else. Lebouthillier reminded her that she can’t comment on individual cases, but hey, the Conservatives didn’t treat this like a priority. Alain Rayes tried the same lines again in French on two separate occasions, but Lebouthillier remained unmoved, adding in some points about good economic news. Guy Caron was up next, noted his party’s call to bring Bronfman and former Senator Leo Kolber before committee and demanded to know if the Liberals would support them. Lebouthillier assured him that CRA now has the capability to check every tax return. Alexandre Boulerice repeated the question in French, got much the same reply, adding that committees are the masters of their own destiny. Boulerice selectively quoted a couple of Liberal MPs who had noted that there was no demonstrated illegality in the papers, and Lebouthillier repeated the points about investment in the CRA. Caron got back to demand the government change the law to close loopholes, but Lebouthillier reiterated the billion-dollar investment in CRA.

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Roundup: An astronaut for GG?

Despite some MPs are agitating for the next Governor General to be Indigenous, it looks like it’s going to be Julie Payette, former astronaut. Payette is a woman and francophone, which fulfils the Anglophone/Francophone alternation that has been the pattern since we started naming our own Governors General, and the government’s desire to have more women in top spots. That she’s not Indigenous will be criticised by some, but I suspect that it may actually avoid other headaches because I do wonder if an Indigenous GG may not find themselves in an inherent conflict of interest given the relationship with the Crown that Indigenous people have which is as sovereign people in a treaty relationship, and being the Queen’s representative has the possibility of being far more complicated once you dig into it. As well, there would likely be pressure on an Indigenous GG from other Indigenous communities to exert influence on the government, given that the understanding of Responsible Government and heeding the advice of the government of the day isn’t all that well understood, and would lead to a lot of disappointment. Meanwhile, here’s Philippe Lagassé on some other aspects of the GG that are worth thinking about.

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While Paul Wells has a great piece about the message being sent with Payette’s appointment, Lagassé also makes a good point about how her appointment is being framed.

https://twitter.com/pmlagasse/status/885307090935451649

And this comment from Denise Donlon seems to sum up a lot of the sentiment I’ve seen:

https://twitter.com/donlon/status/885257880286486528

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Roundup: Demanding ATIP perfection may be the enemy of the good

I find myself torn about the government announcement on new legislation to amend the Access to Information Act because on the whole, they made most of the changes that they promised to, but they failed to uphold one promise, which was to make the Act apply to the PMO and minister’s offices. And yes, We The Media let them know how displeased we were about it.

Part of the problem here is that like so many of their other election promises, it may have been a stupid one – kind of like their promise around electoral reform. Why? Because it was always going to be problematic to promise access to cabinet documents, and there’s a very good reason for that, because much of that information should remain private because it will otherwise damage the ability for there to be unfettered advice to ministers or between cabinet colleagues, and they need to have space to make these kinds of deliberations, otherwise the whole machinery of government starts to fall apart.

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Like Philippe Lagassé says, the better discussion would have been to have specific proposals as to what falls under cabinet confidence. Currently the Information Commissioner has some determination around that, and with the changes in this bill, the onus will be reversed – the government will need to convince her (and if that fails, the courts) that information should remain secret, as opposed to her having to take the government to court to get that access. That’s significant.

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There is a lot of good in these changes, but I fear that it will be lost amidst the grumbling that it didn’t go far enough. And let’s face it – sometimes We The Media are our own worst enemies when we use Access requests for cheap outrage stories rather than meaningful accountability, and then wonder why the government suddenly clamps down and turns to message control, and worst of all, nobody wants to talk about that problem. That may wind up making things worse for everyone in the end.

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Roundup: Trudeau laying in the Senate bed he made

There is a renewed round of wailing and gnashing of teeth about the Senate feeling it oats and flexing its muscles, and yesterday it was the Prime Minister doing it. Apparently deliberating and amending bills is fine unless it’s a budget bill, in which case it’s a no go. The problem with that is that of course is that a) there is no constitutional basis for that position, and b) if the whole point of Parliament is to hold the government to account by means of controlling supply (meaning the public purse), then telling one of the chambers that it actually can’t do that is pretty much an existential betrayal. So there’s that.

But part of this is not so much about the actual issue of splitting out the Infrastructure Bank from the budget bill – which Senator Pratte, who is leading this charge, actually supports. Part of the problem is the principle that the Senate isn’t about to let the Commons push it around and tell them what they can and can’t do – that’s not the Commons’ job either. As Kady O’Malley delves into here, the principle has driven the vote (as has the Conservatives doing their level best to oppose, full stop). But some very good points were raised about the principle of money bills in the Senate, and while they can’t initiate them, that’s their only restriction, and they want to defend that principle so that there’s no precent of them backing down on that, and that’s actually important in a parliamentary context.

As for this problem of Trudeau now ruing the independent Senate that he created, well, he gets to lie in the bed that he made. That said, even as much as certain commenters are clutching their pearls about how terrible it is that the Senate is doing their constitutional duties of amending legislation and sending it back, it’s their job. They haven’t substituted their judgment for those of MPs and killed any government bills outright and have pretty much always backed down when the Commons has rejected any of their amendments, and that matters. But it’s also not the most activist that the Senate has ever been, and someone may want to look to the Eighties for when they were really flexing their muscles, enough so that Mulroney had to use the emergency constitutional powers to add an extra eight senators to the Chamber in order to pass the GST – which was a money bill. So perhaps those pearl-clutchers should actually grab a bit of perspective and go lie down on their fainting couch for a while.

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On the subject of the Senate, it’s being blamed for why the government hasn’t passed as many bills in its first 18 months as the Harper government had. Apart from the fact that the analysis doesn’t actually look at the kinds of bills that were passed (because that matters), the reason why things tend to be slow in the Senate is because the Government Leader – err, “representative” – Senator Peter Harder isn’t doing his job and negotiating with the other caucuses and groups to have an agenda and move things through. That’s a pretty big deal that nobody wants to talk about.

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