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Wednesday, Prime Minister Justin Trudeau was been found in violation of the Conflict of Interest Act for taking a private helicopter to an island owned by the Aga Khan, the head of the Nizari branch of the Ismaili faith.  A helicopter trip may not seem like a big deal, except for Trudeau's failure to recuse himself from meetings regarding a $15 million grant to the endowment fund of the Aga Khan's Ottawa-based think tank.  Outgoing Ethics Commissioner Mary Dawson confirmed the suspicions of many that "the vacations accepted by Mr. Trudeau or his family could reasonably have been seen to have been given influence Mr. Trudeau in his capacity as prime minister."

Trudeau was ready with an explanation, telling assembled reporters he was uhhhhh for ummmmming with the daaaaaaahhhh and would take the steps necessary to guuuuuuuh his errrrrrr as soon as possible.  Meanwhile, Opposition Leader Andrew Scheer went to town:

As did the commentariat:

  • Paul Wells, Maclean's: "Who will ever want to run for high office again, knowing the time-honoured option of an occasional tropical getaway to the sprawling demesne of a vaguely spiritual host who periodically petitions the federal government for grants-in-kind will forever be foreclosed?"
  • Tim Harper, Toronto Star: "This government wins byelections, and its approval ratings remain steady, and most Canadians seem to be giving the finger to those inside the Ottawa bubble who chronicle Liberal fumbles.  But this episode should burst well beyond the bubble."
  • The Globe & Mail editorial board: "Mr. Trudeau seems to believe his character is so unimpeachable that no one would dare conclude that an apparent conflict of interest on his part could in fact be real."
  • Mark Bonokoski, Sun Media: ". . . it has become increasingly obvious that the PM and his cabinet cohorts have a tin ear when it comes to issues involving ethics."

Too true.  Between this and Finance Minister Bill Morneau's failure to disclose his ownership of a villa in Provence, the highest echelon of the Liberal government has an unfortunate problem keeping their vacation arrangements above board.  Their "sense of entitlement" evokes memories of what turfed the last Liberal government.  When will they learn?

A #cdnpoli tweep known only as @kingcambie offered a solution:

 

Well said, Your Majesty.  I think you're on to something.

Canadians have bandied about the idea of annexing these West Indies islands (a self-governing British Overseas Territory) since 1917, making it either a province or a territory.  Maritime trade ties between the islands and Canada go back a century earlier than that.  Canadian companies own the islands' power company and hospitals, plus most of the banks and a number of hotels, resorts, and law firms.  The territory's premier, Rufus Ewing, said he was "not closing the door completely" to the idea when asked in 2014.  It's not out of the realm of possibility.

The appeal to the public is obvious: a tropical island vacation, accessible with a Canadian passport.  The previous Conservative government didn't see the benefit, shooting down MP Peter Goldring's 2014 attempt to open talks, with sources speaking of their concern that annexation might lead to "a flood of refugee applications."  But that just was their pessimism getting the better of them again.  For Trudeau's Liberals, what better way to remind Canadians of the "sunny ways" that propelled them to power than to provide unhindered access to one of the sunniest places on Earth?

But there's more. Only eight of the 40 islands that make up the Turks and Caicos are currently inhabited.  That's more than enough left for Trudeau and all 30 of his Cabinet ministers.  Each one could construct a satellite office for their respective department and work from there at will.  The island left over can host a time share for senators, or perhaps a Second Cup.

Don't you see?  With an entire island all to yourself, who needs an undisclosed villa?  Or someone else's island?  No longer will Cabinet ministers have any incentive to deceive the public about their vacation plans.  Since all of those islands will be Canadian soil, it'll be that much easier to travel there via official transports.  And since each one will have a Cabinet office, the public will have a much easier time finding out who else was there and why.

This would be the single greatest thing Trudeau could do to renew the interest of young Canadians in federal politics.  Can you just imagine the gusto with which he would announce the annexation?  "YOU get an island! YOU get an island! EVERYBODY GETS AN ISLAND!!!"

Let's not sit on our hands any further.  We can only handle so many more demands in Question Period for ministers to resign over their holidays.  The time to make the Turks and Caicos Canadian again is now. 

Written by Jess Morgan

The views, opinions and positions expressed by columnists and contributors are the author’s alone. They do not inherently or expressly reflect the views, opinions and/or positions of our publication.


After a full calendar year in the House of Commons, we have seen some incremental progress from the Liberals when it comes to Question Period.  Between the heavier hand wielded by Speaker Geoff Regan, and the tone being set by the governing party, there has been a marked change in the daily exercise of accountability, but while it may no longer be the same soul-destroying experience that it was under the Conservatives, it's also clear that there remain a great many things that need to be done before QP can reach a better place.

To be clear, since the Liberals have banned their side from applauding in all but exceptional circumstances, and with heckles and catcalls at a minimum, the din of the place is far from what it used to be in the Stephen Harper era, particularly pre-2011 when the Liberals held official opposition and enjoyed the verbal jousting that the NDP were allegedly above engaging in.  What hasn't changed is just how scripted the whole thing is.  While some of the Liberal minsters are more comfortable not reading their responses in their first official language than the Conservatives were, there are still few answers to be had.

Granted, the quality of the questions hasn't exactly gotten any better either.  Because the operating model of QP has become so bastardized over the past couple of decades where there was once debate in a linear pattern, we are instead operating a buffet for media clips.  The same questions are asked repeatedly in order to get the best clips for use on the evening news, in both official languages, and then we feign surprise when answers are robotic and repetitive.  There is no flow, no follow-ups, and even when the government gives actual answers that completely shuts down the premise of the question being asked, opposition MPs have no ability to think on their feet and they will repeat their scripted question, looking like complete fools, because they have no ability to pivot or think on their feet.  There's a word for that: pathetic.

Justin Trudeau's attendance is another issue that has been bubbling up in the past month, as he has gone from attending three days a week to just one or two, eerily in the mould of his predecessor, Stephen Harper.  Yes, he has had a busy travel schedule, which is understandable, and yet there are days where he has been in town (because he had engagements earlier in the day), but didn't show up for QP.  On one occasion, we found out that it was because of a family obligation, but one would think that an open and transparent government as this one claims to be would actually communicate that, but they haven't.

Why this is important is because the election platform plank of reforming Question Period still lurks in the background, part of the same parliamentary reform package that included the promised changes to the electoral system that desperately needs to be smothered in the cradle.  The promise was to institute a UK-style once-weekly Prime Minister's Questions where Trudeau would answer all of the questions on one day in a week, and that would be it apparently not bothering to show up in QP any other time.  That promise should rankle because one of the great things about the way that our QP works is that it means that the PM would be available to be held to account on any day that events might happen.  What also rankles is that this is a promise that is completely unnecessary.  If he really wanted, Trudeau could answer backbencher questions rather than just those of other leaders there is nothing stopping him.  Rather than promising to do it one day per week and no more, he has the opportunity to do more of his own volition he simply won't.

Down the hall in the Senate, there have been a great many changes with their own Question Period as well, the most notable being that with there no longer being a Leader of the Government in the Senate who is a cabinet minister, they have begun inviting a cabinet minister to their chamber on a weekly basis to answer questions for a full 40 minutes.  While on the surface, this has been a reasonable exercise in accountability and an opportunity for senators to ask questions of ministers who might not otherwise come before committees that they are members of, this too has proven a bit more frustrating that it might appear on the surface.

QP in the Senate operates on a different time scale, and there is not a ticking clock looming over everyone's heads, where you have 35 seconds to ask and 35 to respond and that's it.  Instead, there is time enough for a lengthy question and a lengthy response if needed.  The problem is that the majority of ministers are taking copious time to answer, but rather than actually answer, they have developed a tendency to ramble and use their verbosity to obfuscate.  And the grumbling I've heard from the Senate Liberals in particular is that it should be Question Period, not "Announcement Period," where ministers simply repeat previous announcements of consultations or intentions with no specifics.

The solution to that would be rather simple modify the Senate rules so that the Speaker can demand an answer.  This is something they could do the Commons if they wanted as well, but nobody has any particular appetite to do so.  The added bonus is that it might also force the "government representative" in the Senate, Peter Harder, to actually answer questions posed to him as well rather than let him get away with some blatant evasions (such as refusing to answer how often he meets with Cabinet).

Political theatre aside and it is theatre QP still has an accountability function to play.  So long as we let MPs and ministers stick to scripts, its utility will continue to be debased, serving nobody's interests.

Photo Credit: CBC News

The views, opinions and positions expressed by columnists and contributors are the author’s alone. They do not inherently or expressly reflect the views, opinions and/or positions of our publication.


Land of the silver birch/ Home of the beaver/ Where mighty political correctness/ Wanders at will/ Blue lake and rocky shore/ I will return to the human rights tribunal.

The last bit doesn't scan very well.  But it's a song for our times in which, as Jacques Mallet du Pan warned about its French predecessor, the PC revolution is now like Saturn devouring its children.

In case you missed it, a Toronto music teacher is suing her principal, vice-principal and school board for defamation over an email calling a song she included in a 2016 school play at High Park Alternative Public School "inappropriate" and "racist".  The matter has yet to be heard by a court, but certainly an accusation of racism is very damaging nowadays.  And this one also seems daffy.

The song in question is "Land of the Silver Birch", which might fairly be classified among the cultural nationalist efforts Roy Conlogue once disparaged: "Torrents of terrible verse by any number of writers described the rocks, the rivers, the twisted pines, the vaulting mountains."  But racist?

Perhaps because I never went to camp, I never heard this song.  But evidently it helps keep paddlers in time and was probably inspired, though certainly not written, by aboriginal poet Pauline Johnson.  Its only aboriginal reference is "High on a rocky ledge/ I'll build my wigwam" or alternatively "There where the blue lake lies, I'll set my wigwam".

Surely it's not racist to say wigwam is an Algonquin word for a domed shelter or it would be nice to put one near a lake.  So what can be wrong with this song?  Aren't we all told about first nations' special relationship with nature?

Well, the National Post explained, the email by the principal and vice-principal said "While its lyrics are not overly racist … the historical context of the song is racist" because Johnson, who I repeat did not write it, performed mostly for non-natives and "depicted Native people and culture in romantic ways, while lamenting the dying out of Native civilization to be replaced by a superior western civilization."

Since Johnson was half-English you'd think she could perform for half-white audiences.  Or maybe not; political correctness is tricky.  But what could be wrong with depicting aboriginal culture positively and lamenting its disappearance?  If she really said Western civilization was superior she could be in a heap of trouble today even though its institutions and practices like hospitals, universities and parliaments, and even its bad habits like junk food, have spread around the world for some incomprehensible reason.

As for "romanticizing" aboriginal culture, surely we do it relentlessly now, ignoring any possible negatives and putting saccharine stress on the positives, to the point that aboriginals even get "elders" while everyone else just has old people.  And if you're planning to pursue native studies do not mention chronic warfare, cannibalism, torture or slavery or your career is pemmican.  Arguably the objection to lamenting its disappearance is part of a romantic conception that while European destruction of native tradition must be condemned, it can't possibly be acknowledged lest we appear to disparage aboriginal cultural resilience.  But even if Johnson committed every PC sin in the book, which now comprises many volumes, how does it affect Land of the Silver Birch which she… did… not… write?

Well, consider that after 40 years the Canadian Historical Association plans to rename the "Sir John A. Macdonald prize" the "CHA prize for Best Scholarly Book in Canadian History", a name only a commissar could love, because Macdonald was a genocidal bigot.  The National Post quoted Trent's Christopher Dummitt, a CHA member, calling it part of a "purity spiral" in which "We're finding more and more people who were not perfect according to our contemporary standards… Now that it has reached Canada's first and probably most important prime minister, it suggests that it's not going to end."

Indeed.  Instead it's devouring Land of the Silver Birch and half of Pauline Johnson, and presumably won't end until we celebrate our history by flinging everyone down the memory hole along with all our songs and well-meaning teachers who are surely not stereotypical bigots.

The Post gave the last word on the Macdonald Prize to U of T's Robert Bothwell, who noted acidly that "Defacing monuments and condemning the past go back to ancient Egypt, so why should we be surprised that the custom lingers?"  An excellent question, to which I reply because we used to scorn cultures that sought to erase embarrassing details of their past or any signs of the other like, awkwardly, many aboriginal groups victorious in battle.

So I'm giving the last word on Land of the Silver Shtum to Mallet du Pan, who knew that once the revolution starts devouring its children, its appetite grows inexorably.

Photo Credit: Donna Bonin

The views, opinions and positions expressed by columnists and contributors are the author’s alone. They do not inherently or expressly reflect the views, opinions and/or positions of our publication.


Alberta's recent move to expand its "gag law" jolted me with a sharp pang of sorrow.

Now, before getting into my pang problems, I should note "gag law" is what I call legislation which restricts citizens or groups from freely and effectively expressing political opinions.

In my view such laws are an attack on the crucially important democratic right of free speech.

And attacking free speech is exactly what the Alberta NDP government is doing with recently introduced legislation.

Of course, it doesn't call this legislation a "gag law", referring to it instead euphemistically as "Bill 32: An Act to Strengthen and Protect Democracy in Alberta", but for all intents and purposes, what this law actually does is make an already-existing tight gag law, a little bit tighter.

Allow me to explain.

Ever since 2008, Alberta law made it illegal for citizens or groups to spend more than $150,000 province-wide, and more than $3,000 in any one riding, on political advertising during provincial elections.

Yes, that's an assault on free speech, but at least, outside of elections, freedom was still safe.

But that's now changing.

Under Bill 32, the same spending restrictions on citizens and groups in place during elections, will now also be in place three months prior to an election.

So essentially, when it comes to political speech, Alberta is becoming less and less free, and that explains my pang of sorrow.

What especially saddens me is I remember a time when gag laws would never rear their ugly heads in Alberta, because that province's judiciary consistently protected the right of citizens to freely express their opinions.

I know this because I once worked for a group called the National Citizens Coalition which had a history of legally challenging gag laws.

And whenever we needed to battle a gag law in court, we made sure that court was located in Alberta.

For instance, in 1983 we went to the Alberta Court of Queen's bench to challenge Canada's first ever election gag law, a federal law which was imposed by the Liberal government of Prime Minister Pierre Trudeau.

Trudeau's law made it a crime for citizens or for independent groups to spend any money on ads during federal elections which supported or opposed a political party or candidate.

The NCC argued this law infringed on the right to free speech, which is guaranteed in the Canadian Charter of Rights and Freedoms.

And the Alberta court agreed with us; in 1984 it issued a ruling which struck down's Trudeau's gag law as unconstitutional.

Then in the early 1990s, Prime Minister Brian Mulroney's government implemented its own version of an election gag law, a law similar to Trudeau's.

Once again the NCC went to the Alberta courts, and once again the Alberta courts struck down a gag as unconstitutional.

And if you think these court rulings in any way discouraged politicians from enacting other gag laws, think again.

In fact, in 2000 the Jean Chretien Liberal government passed an election gag law.

As usual, the NCC challenged the law's constitutionality, as usual we fought it in the Alberta courts and as usual the Alberta courts threw the gag law out.

Another victory for freedom.

Mind you, even as we basked in our legal victories, we at the NCC were always worried about what would happen if our battle to defend free speech ever left the pro-freedom confines of Alberta.

Then in 2004, we did find out what would happen — it wasn't good.

In that year, the Supreme Court of Canada overturned all the previous Alberta rulings and declared Chretien's gag to be the law of land.

The moment that terrible decision came down, I knew free election speech in Canada was dead forever.

The way I saw it, if the courts wouldn't defend free speech no one would, certainly not our politicians.

After all, from a politician's point of view, gag laws are an efficient and easy way to silence pesky critics, which is why federal and provincial governments will always have an incentive to keep making them stricter and stricter.

This is what's happening right now in Alberta, where the provincial gag law went from stifling free speech during an election to stifling free speech three months before an election.

Of course, it won't be long until in the name of "Strengthening and Protecting Democracy" a gag law will be passed to stifle free speech in Alberta on a year round basis.

The same thing will almost certainly happen in other provinces as well as federally.

Eventually, gag laws will reign supreme from coast to coast.

And if that doesn't give you a pang of sorrow, then either you don't care about free speech or you need to have your pangs examined.

The views, opinions and positions expressed by columnists and contributors are the author’s alone. They do not inherently or expressly reflect the views, opinions and/or positions of our publication.


There has been another round of federal by-elections.  Punditsanalystscolumnists and other media types are busy trying to decipher the tea leaves and explain to Canadians what this all means for the next general election.  The truth is, it doesn't mean much, but it does mean something about what is happening now, which can have an impact on what will happen in the fall of 2019.

Let's look at some historical facts.  Since 1980, there have been one hundred federal by-elections.  48% of the time, the governing party won don't believe those who say that it is harder for a government to win a by-election; they win half of them while the opposition divides the rest two, three or four ways.  Only in 28% of the contests did a party succeed in picking up a new seat.

4 seats changed colour before the 1984 election.  All parties won new seats and lost old seats, but the Liberals were a net -2, the PCs a net +2 and the NDP even: hardly a predictor of Mulroney's subsequent landslide.

Between 84 and 88, the NDP was able to take away 2 seats from the Conservatives.  In the subsequent election, the NDP did the best it had ever done with 43 seats, a mark that remained until 2011.  But Mulroney won another majority.

Before the 1993 election, there was a couple of firsts.   The Reform Party elected its first MP,  Deborah Grey in March 1989.  The Bloc Quebecois did the same in August 1990 with Gilles Duceppe.  Six months prior, the NDP had won its first seat in Quebec ever, with Phil Edmonston.  Two of these seats were PCs, one was Liberal.  If the rise of the BQ and the Reform was predictable to some extent, would you have gambled on the near-death of both the Progressive-Conservative Party and the NDP that ensued?

The Liberal Party picked up one seat during the 35th Parliament at the expense of the Bloc.  The Liberals picked up one from the Reform Party during the 36th while the Bloc grabbed Jean Charest's PC seat when he left for Quebec City.  No real pattern.

In the 37th Parliament, the Liberals took two seats from the Bloc, and the NDP stole one from the Liberals.  Joe Clark's Progressive-Conservatives won 2 by-elections at the expense of the Liberals, but by the time the 2004 election came around, the PCs had disappeared from the federal scene with the exception of the Senate where Progressive-Conservatives remained, like a relic, until the last one became independent in February 2016.

Under the short lived Paul Martin government, the Liberals won the only by-election.  Juggernaut.

There were 9 by-elections during the 39th Parliament.  The Conservatives stole one seat from the Bloc Québécois and one from the Liberals.  The NDP picked up one seat from the Liberals, Tom Mulcair in Outremont.  That win in Outremont eventually led to the Orange Wave, but it certainly didn't happen in 2008.

There were 7 by-elections during the 40th Parliament.  The Conservatives again took a seat away from both the Bloc and the Liberal Party.  The Tories also added a seat when Independent MP Bill Casey resigned to accept an appointment with Nova Scotia's Department of Intergovernmental Affairs.  The NDP lost one seat to the Liberals. I guess you could extrapolate that the signs for a Harper Conservatives majority were there, but not that the NDP would surge to Official Opposition.

There were 15 by-elections held during the 41st Parliament.  The Liberal Party wrestled one seat away from the Conservative Party and one seat from the New Democratic Party.  Every other seat remained with their respective parties.  Do you see the 2015 Liberal majority in these results?

In this current Parliament, there have been 12 by-elections so far.  Justin Trudeau's Liberals kept all their seats and added two from the Conservatives.  Andrew Scheer's Conservatives kept their other 5 seats.  The NDP, the Bloc and the Greens are exactly where they were on election night.  Trudeau is +2, Scheer is -2, Singh is even.  Right?

The problem, of course, is when a narrative sets in.  And when that narrative is negative for you, it makes it harder to overcome it.  Not impossible, as we've seen in the past.  But harder.  And right now, the narrative is negative for Scheer, who has lost two Conservative bastions.  And it's negative for the NDP, who has failed to be a factor in any of the by-elections since Jagmeet Singh became Leader.

Thankfully for the opposition parties, there is another kick at the can on the horizon: a by-election will be held in Chicoutimi—Le Fjord following the resignation of Liberal MP Denis Lemieux on December 1st.  The writ for a by-election has to be dropped no later than June 2, 2018.

Denis Lemieux was first elected in the 2015 federal election, defeating NDP incumbent Dany Morin by 600 votes.  The Bloc Quebecois held the seat from 2004 to 2011, having previously won in 1993.  Before and between the Bloc's mandates, André Harvey won the seat four times thrice for the Tories, once for the Liberals.

In theory, it is up for grabs for anyone.  In practice, this should be the Liberals to lose.  If they do lose it, another party will change the current narrative.  And they all need it to change.

The views, opinions and positions expressed by columnists and contributors are the author’s alone. They do not inherently or expressly reflect the views, opinions and/or positions of our publication.


While the countdown is on to get the bill to legalize recreational cannabis passed in order to have everything in place well in advance of the prime minister's July 1st deadline, the Senate has opted not to keep sitting and holding hearings on the bill until closer to Christmas.  Instead, they will rise this week, and return to the subject when they resume sitting at the end of January (along with the rest of the backlog of bills that they haven't passed yet).  But they've already come up with a twist to usual way of doing business.

On the recommendation of the Government Leader in the Senate err, "government representative" Peter Harder, the Senate voted on Thursday to hold a two-hour-long televised committee of the whole session on February 6th, featuring the ministers of justice, health, and public safety, plus Bill Blair, the government's point person on the cannabis file.  There was also a move to have Carolyn Bennett join them as well in order to get the Indigenous perspective, and to extend the time for the hearing to three hours, but that was defeated in part because of the very real concern that it was growing unwieldy.  Perhaps less seriously was also the idea that the Minister of Youth appear as well because of how this bill affects youth.  That the Minister of Youth is the also Prime Minister was one of those reasons for which this devolved into a bit of farce at a certain point.

A lot about this move is odd, beyond the fact that the bill's sponsor, Senator Tony Dean, was looking to have this kind of hearing.  It remains an overzealous move, because there is nothing so controversial about this bill as there was when it came to medical assistance in dying, which was a profoundly moral issue for Parliamentarians, as well as many Canadians.  Legalizing recreational cannabis, while somewhat controversial in some circles, is not a profoundly moral, life-or-death issue, and treating it as such does a disservice to what was accomplished during the C-14 debates.  That Harder said that this motion was moved now in order to provide "predictability" in how the bill will proceed is also strange way to go about things, and looks to me like an attempt to negotiate timelines in public with the other caucuses rather than behind closed doors, as they usually do, possibly in order to try and get leverage.

To begin with, the bill hasn't pass second reading in the Senate yet, so going to committee at this stage, where the principle of the bill is being debated, is odd from a procedural standpoint.  If this was an issue about trying to speed the process along, as Senator Dean was hoping, then scheduling the motion for February 6th doesn't do that.  I'm trying to find the procedural impetus for why they would need to take this extraordinary step, since these ministers will be appearing at the various committees that will study the bill, and some senators did express concerns that by bringing the ministers to Committee of the Whole, it meant that they were less likely to accept invitations to the individual committees that will be tasked with studying the aspects of the bill, citing that they already appeared once.

From a logistics perspective, this recent motion is a bit of a mess.  When the Committee of the Whole hearings on C-14 happened, the justice minister, Jody Wilson-Raybould, answered questions for two hours, and immediately following, then-health minister Jane Philpott answered questions for another two hours.  This time it will be three ministers plus a parliamentary secretary all appearing at once for a two-hour session.  How they plan to place them in the Chamber, and how they plan to keep it from devolving into a bit of a gong show is beyond me, but that will be for senators to figure out as they work out how this will go ahead.

And it's the spectacle aspect of this which is really the part that gets to me.  This exercise is not designed to offer more clarity to the issue, or to try and enhance the debate in any meaningful fashion.  Instead, this is a very big bit of political theatre done for reasons which I find to be utterly dubious.  Since the debate on C-14 happened with the two ministers appearing in the chamber in a televised session, it had been widely lauded as a model of how the Senate can operate.  In the time since, Harder has taken it upon himself to sell the message that this is how the Senate should operate.

But C-14 was a unique set of circumstances that really can't be replicated at least not with any bill currently on the Order Paper, and certainly not with this bill.  And trying to take another bill with a hint of controversy, nowhere near what C-14 was, and foisting it back into this televised arena in order to once again demonstrate that the Senate has particular value on difficult issues (for which cannabis is not really one), is bad politics, it's bad procedure, and it sets a bad precedent.  Just because a bill has a hint of controversy, it doesn't mean that senators need to drop everything and haul in the ministers to the Chamber when they already get their chance to grill them in a more focused manner at committee.

If I really listened to my cynical side, I would suspect that this is not only about Senator Harder's vision of the Senate one which I profoundly disagree with but rather, this is about Harder himself.  By moving this motion, by providing space to have this Committee of the Whole where the ministers appear in what he sees as the "model" of how the Senate operates, it becomes about how he brought this about, and how he is showing leadership in reforming the Senate into this particular model that gets public plaudits.  Whether it's a good or even appropriate move becomes academic when the cameras are on, both inside the Chamber and outside when he gets interviewed.  And that's why I find the reasons behind this move to be dubious, and indeed, a little suspicious.  The debate on C-45 is not being enhanced here, and it may in fact hinder the actual good work of the Senate along the way.

Photo Credit: Senate of Canada

The views, opinions and positions expressed by columnists and contributors are the author’s alone. They do not inherently or expressly reflect the views, opinions and/or positions of our publication.


Once again, Ottawa proves to have learned nothing after years of getting military procurement wrong.  To win a contract to supply the Canadian Armed Forces with 88 new fighter jets, bidding manufacturers will have to pass a new "economic impact test," as announced on Tuesday.  The details of the test will be determined over the next few months, although Innovation Minister Navdeep Bains has offered a preview: "If there is economic harm to Canada, if there's an impact on Canadian jobs, if there's an impact to some of the key sectors in the Canadian economy, you will be at a disadvantage."

Anyone following the endless Canadian military supply saga knows what that means.  The economic impact test has already earned the sobriquet of "the Boeing clause," referring to the government's recent dispute with U.S.-based Boeing Co., who requested action against Quebec-based Bombardier Inc. for unfairly subsidizing the cost of 75 new C Series jets ordered by Delta Air Lines this spring.  The U.S. Department of Commerce complied in the fall, slapping a 300 per cent tariff against Bombardier.  Unless Boeing drops its challenge, its Super Hornets have little chance of taking to the air for Canada.

The government took another shot at Boeing with its decision to buy an interim fleet of used F-18 fighter jets from Australia, instead of new Super Hornets, as previously planned.  This raised eyebrows quickly, given the similarity between the used F-18s and the 30-year-old fleet of CF-18s the government is looking to replace.  Multiple officials from both governments came forward to assure us that the used planes would be perfectly suitable, since they "know this fleet extremely well" (per Gen. Jonathan Vance, Chief of the Defence Staff) and have modifications ready to keep the planes in the air longer.

So perhaps Canada is not getting the "bucket of rusted-out bolts" that Conservative MP Tony Clement described in Question Period on Tuesday.  Not that his party has the moral authority to criticize the Liberal government's handling of this file.  Their own mishandling of a purchase of F-35 jets, announced in 2010 and slammed by the Auditor General in 2012, did a better job increasing the useful life of the replacement debate than that of any actual plane.

The government could avoid such snafus if it stopped using the military as an economic development agency for Canada's best-connected manufacturers.  Political and industry interference was built into the Conservatives' 2015 whole-of-government procurement strategy, which promised "timely" delivery and a "streamlined" purchase process.  But the "third-party oversight" this strategy established would be shared between two Cabinet departments and an arm's-length "Defence Analytics Institute" with four industry executives on its board of directors.  Worse, the strategy called for "leveraging our purchases of defence equipment to create jobs and economic growth in Canada" as if that's an official mission of the Canadian Armed Forces.  This muddled plan appears to have died with the Harper government, only to be replaced with more muddling from the Liberals.

Our military's two most pressing objectives should be to meet our capability requirements under NATO and NORAD, and to assert sovereignty in the Arctic.  Every procurement decision of the Canadian government, now and in the future, should be made with one or both of these goals at top of mind.  Yet a generation of efforts at getting new submarinesicebreakershelicopters, even combat boots have been plagued with delays, overruns, and recalls everything but getting the best equipment, on the best timeline, at the best price.

If there's one thing Canada should be getting from Australia, it's their bipartisan, multigenerational commitment to a few clear and broadly applicable principles of national defence, as the Canadian Global Affairs Institute's Matthew Fisher noted last February.  All decisions on policy, budgeting, and procurement are made with due consideration for self-reliance, working with limited resources and influence, operations closer to home, and contingency planning.  Meanwhile, a simple defence White Paper in Canada only lasts as long as the government that drafted it.  No wonder a new Canadian government responds to the defensive decisions of the new one by simply hitting the reset button, as the Liberals did with the search for a new fighter jet.

Of course, by the time any government managed to draft those clear and broadly applicable principles, we might be reduced to scrounging spare plane parts from museums.

Oh, wait.

Photo Credit: Jeff Burney Loonie Politics

Written by Jess Morgan

The views, opinions and positions expressed by columnists and contributors are the author’s alone. They do not inherently or expressly reflect the views, opinions and/or positions of our publication.


A trite Canadian truism you hear from time to time is that while the United States was founded to be a deeply decentralized country, with maximum self-government powers afforded to its states, and ultra-centralized Canada the opposite, in modern times, these fates have ironically reversed.  Canada, they say, now has provinces far stronger than American states.

Proponents of this line of argument tend to focus on money.  Canadian provincial governments represent a much larger chunk of overall government spending than state governments do in America, though provincial governments also receive far more federal subsidies for this spending than their American counterparts.  In terms of self-determination, however, that is, the right of sub-national governments to craft laws that reflect different priorities from the federal government, and indeed, one another — what Americans sometimes call the "laboratories of democracy" idea — there is little contest.  States like Kentucky and Vermont take far more serious their right to diverge on a policy level, than, say, Alberta and Ontario.

For a revealing contemporary case study of North American federalism, consider the effort to legalize marijuana, a crusade both the United States and Canada are embarking upon at the moment.

In both the United States and Canada, narcotics are regulated by federal law, and in both countries marijuana is listed as a dangerous, banned substance.  Yet because American states hold a constitutional power Canadian provinces do not — the ability to pass criminal law — America has long been a patchwork of differing pot laws, with standards of decriminalization, medical use allowance, and now legalization, varying wildly from state to state.

To be sure, the contradiction between America's federal and state drug laws has provoked anxiety among legalization's champions, who fear a Washington crackdown.  President Obama's justice department quelled much of this by essentially choosing to let state law supersede.  The new Republican attorney general, Jeff Sessions, has been said to favor reversing course, though he is restrained by the ideology of his party, which has an official disposition of standoffishness when it comes to self-determination of the states.

In Canada, by contrast, an absence of criminal powers for the provinces has kept pot an exclusively  national concern, and with it, a far more one-size-fits-all mentality.  In contrast to America, all recent Canadian marijuana policy — the decision to allow its use as medicine, the authorization of private medicinal clinics, and now full-scale legalization — was decreed top-down by the feds.

A glimmer of opportunity for the Canadian system comes from our constitution's broad grant of authority to the provinces to regulate the sale of commercial goods.  This is the root of Canada's famously inconsistent liquor laws, in which the differing rules for where, when, and how you can buy booze reflect different paths taken by provincial governments in the post-prohibition era.

Since then, however, Canadian federalism has become disinterested in such creativity, a fact which reflects not only the provinces' increasing subservience to Ottawa at a legal level, but an ideological one, too.

If there is a premier in Canada Liberal, Conservative, or New Democrat — who has any real aversion to Prime Minister Trudeau's marquee initiative to legalize marijuana, they've shown scant sign of it.  In their public statements and acts, all have obediently swallowed the premise that legal pot is a legitimate initiative of the federal government which they are obliged to respectfully implement in the most helpful fashion they can muster.

Groupthink within the Canadian political class, in turn, dictates that legal pot should be sold by the state — a recent National Post survey reveals that of the provinces that have articulated plans to date, all but Alberta seem to be in favor of government monopolies, at either the wholesale or retail level, controlling the drug's distribution to the public.  This is in sync with the other unchallenged consensus that pot sales must generate government revenue — Minister Morneau recently agreed to a 75-25 provincial/federal split â€” which implies government's commercial interest in pot's sale and consumption.

This, however, grinds against the other universally shared assumption that pot is vaguely dangerous in some way, and should thus be demonized through expensive government propaganda, with the permissible place, time, and manner of sale subject to elaborate regulation to discourage irresponsible consumption (and presumably alleviate the guilty consciences of the lawmaker community).

Whether there will be any actual enforcement of these costly new regulations seems an open question; for years Canada's provincial governments have turned a blind eye to vast amounts of illegal cannabis sales in their largest cities — including brazenly illegal storefronts — on the grounds that conventional wisdom declares persecution of pot dealers passé.

Among outside observers, in the press and elsewhere, there seems to be a slowly solidifying consensus that Canada's legalization of marijuana is being systemically botched, subordinate to all the stereotypical predispositions of waste, redundancy, contradiction, and inefficiency to which the bloated dopey beast of government is inclined.  In theory, no provincial pol desires this, but the lack of any strong voice of dissent evokes Jerry Harvey's concept of the Abilene Paradox, in which a bunch of people too timid to think for themselves passively go along with what they assume to be the settled consensus of the larger group — even though individually, each member of said group privately holds deep reservations.

A few years from now, as we survey the aftermath of  legalized marijuana in Canada, which will almost certainly have achieved none of its stated goals but exacerbated many of the problems it was supposed to solve, there will be plenty of blame to go around.  Begin with the sad decline of Canadian federalism.

Written by J.J. McCullough

The views, opinions and positions expressed by columnists and contributors are the author’s alone. They do not inherently or expressly reflect the views, opinions and/or positions of our publication.


After a year of predictability, everything in Ontario politics has been turned on its head in the last month.

First was Premier Kathleen Wynne's beginning of her mea culpa town hall tour across the province.  In what looks like an unprecedented move, where a sitting premier uses taxpayer money to essentially do pre-election campaigning, Wynne is taking a page out of PM Justin Trudeau's playbook in trying to directly engage the electorate in the hopes of changing the channel on a spate of negative headlines.  Because these town hall events are government-funded they are not supposed to have any sign of Liberal Party of Ontario involvement and have to be open to the general public.  I attended the first town hall on November 20, at the Concert Hall on Toronto's Yonge Street — in a Liberal stronghold — and there were no OLP signs or paraphernalia, and Wynne didn't mention her opponents, instead focussing the conversation on her government's record.  However, one odd thing about the town hall was there were a group of 20-30 specially-selected attendees given bracelets and seats on the stage, behind Wynne and the host of the event, former Globe and Mail journalist and current vice-president of PR firm NATIONAL Jane Taber.  When Wynne spent 90 minutes answering questions from the floor she picked a few from this specially-selected group, which seems odd when this is supposed to be a non-partisan event.  Who were these people given preferential treatment?

Nevertheless, the event felt authentic overall and most of the questions came from upset Ontarians who felt the Liberal government or Wynne had slighted them in some way.  Even third-party advertising group Ontario Proud was able to crash the event and ask the premier why her government paid the Hydro One CEO millions of dollars last year.  Ontario Proud also recorded video of the uglier moments of the event to put on its Facebook page to share with its nearly 300,000 followers (for more background on Ontario Proud you can check out my piece for CANADALAND"The King of Canadian Conservative Shitposting").  The second town hall takes place in Brampton — another Liberal stronghold — Wednesday evening.  Although I can't make it, Loonie Politics columnist Josh Lieblein will be in attendance and is going to give me a full report on what should be another raucous event.  It will also be interesting to see if Wynne does some town halls in rural Ontario, or if these supposedly non-partisan town halls are only aimed at Liberal ridings and predominantly Liberal-voting constituents.

The second major sea change in Ontario politics was Progressive Conservative Party of Ontario Leader Patrick Brown's makeover.  For months the press and opposition parties had been hammering Brown and the PCPO for not putting forth their own plan and solutions for how they would deal with the problems of the province they so readily criticize the Liberal government for.  The PCPO policy convention finally put speculation to rest when Brown revealed he was taking the party into Red Tory territory.  Brown unveiled his "People's Guarantee", a signed contract with the people of Ontario, which promises if he doesn't give the middle class 22.5 per cent off their income tax, give families up to a 75 per cent tax refund for childcare, give hydro ratepayers 12 per cent more off their hydro, give $1.9 billion towards mental health in the next decade and enact a "Trust, Integrity, and Accountability Act" he won't seek a second term in office.  The reader might have noticed those guarantees were all about giving Ontarians more handouts and tax breaks from the government.  Not exactly typical of the Conservative playbook, but probably one that is more palatable for a largely progressive and big-government-loving electorate.  The roughly 150 policy proposals released at the end of last month by Brown comprise mostly of increased government spending, which raises the question how a PC government would be able to balance the books in its second year in office.  The math doesn't add up.

But here's where the real irony comes in.  The opposition parties are now questioning the fiscal viability of the PC's plan.  Yet the LPO hasn't been able to balance the books in years and has racked up record level debt, but now the party is claiming the PCs are the ones that can't be trusted and are guilty of over promising.  Meanwhile the Ontario NDP have pipe dreams like regulating gas prices and buying back Hydro One without accurately costing any of it.  Basically no parties' numbers come even close to adding up.

Another noteworthy change from the convention was that Brown had changed his haircut and had his charismatic and successful sisters introduce him, two factors that could help soften Brown's heretofore cold public image.  It's like the PCPO and Brown were playing dead until finally showing their hand at the end of November.

Finally, the third sea change is the supposed fickleness of a vast swath of the electorate of Ontario, who apparently swing wildly back and forth in their support for the three parties, unable to make up their minds on who they'll vote for.  According to a Forum poll released in early December, the Liberals had fallen back to third place at 24 per cent compared to the Tories at 40 per cent and the NDP at 26 per cent.  But just as things were looking pretty bleak for the Liberals, they miraculously surged back to first place four days later, according to pollsters at Campaign Research.  The new poll showed the Liberals at 35 per cent, Conservatives at 34 per cent and the NDP at 22 per cent.

Of course that kind of rapid change in the electorate over no time flat is completely implausible.  Especially with nothing Roy-Moore-level controversial swinging the tide.  Instead it's far more probable both of these polls aren't worth the rivers of ink and breathless discussions given to them.

The fiscal and polling predictions in Ontario all are a load of bunk.  The methodology of these polls and them being unquestioningly reported by partisan news outlets shouldn't be taken seriously.  The fiscal projections by the different parties need to be revealed for their irrationality.  The PCs need to be challenged on their all-goodies, no-tightening-the-belt platform.  And the Liberals need to be called out for spending taxpayer money on de facto pre-election campaign stops and for claiming a balanced budget that hides the true costs.  Breaking down these phoney numbers and events will be exhausting, but it's far more worthy endeavour than taking and reporting them at face value.

Written by Graeme C. Gordon

The views, opinions and positions expressed by columnists and contributors are the author’s alone. They do not inherently or expressly reflect the views, opinions and/or positions of our publication.


After Question Period on Monday, Government House Leader Bardish Chagger tabled the nomination certificate for Mario Dion in the role of Conflict of Interest and Ethics Commissioner, the first name put forward after a process that has lasted almost 18 months and has forced outgoing Commissioner Mary Dawson to have her term extended three times.  But given Dion's checkered past, one has to wonder if he was in fact the only name that was put forward.

It's been a question as to whether the government was going to be able to find a new commissioner, given that the list of criteria is so stringent as to eliminate nearly everyone after all, they're looking for a fully bilingual former judge or federal tribunal chair.  Dion, the former Public Sector Integrity Commissioner, was appointed as the head of the Immigration and Refugee Board by the previous government in 2015, but it's his time as the former PSIC that has given people pause, especially given that the Auditor General issued a pair of scathing reports about his conduct while in that office.

In a scrum after QP, Chagger said that she was aware of the AG's report and was sure that Dion had undertaken to improve himself in the time since, which raises my suspicions again as to whether he was the only name they could find.  To refresh your memories, in 2014, the Auditor General cited that two cases out of hundreds, and labelled them mishandled to the point of "gross negligence."  Dion accepted the factual basis of those events, but not without some exception.  In the response to one of the two cases identified, he noted that it would be nearly impossible for that set of circumstances to reoccur, and that the AG did not take a number of factors into consideration or put them into the context of the situation, where Dion had inherited a deeply broken office after the first PSIC, Christiane Ouimet, resigned in disgrace after a previous Auditor General's report showing massive dysfunction in her office.  Ferguson not taking all factors or context into account, you may also recall, was a problem identified when his audit of the Senate was given a legal review by outside counsel, raising a lot of questions as to its reliability.

"Given the recent history of PSIC and the enormous transition within the organization while it was dealing with this file, we did not expect that 100 percent of its files would have been managed without error," AG Michael Ferguson wrote in the second of the two reports, noting that that particular file had been opened by the previous Commissioner.  So perhaps there's room for benefit of the doubt for Dion in the full context of what was demanded of him when he took over the PSIC job and had to rebuild the office.

It is, nevertheless, a line of attack that the opposition has immediately preyed upon, with the Conservatives sending their talking heads out to the politics shows to talk about how this somehow "pre-hobbles" Dion as a Commissioner who may very well have to complete the investigation into the Prime Minister's vacation with the Aga Khan last year, or the possible (but unlikely) investigations into Bill Morneau's activities around tabling Bill C-27.  The NDP, meanwhile, say that Dion's nomination raises red flags, but they continue to be more put out by the nomination process and have kept their objections to that which is also one of the reasons why Chagger was able to say that when she consulted with the other parties by telling him the one name that was advanced to her that they didn't raise any objections.

But the fact that Chagger only floated one name also raises questions, and I asked her directly about this in that scrum after QP.  When I asked how many people applied for the position, she couldn't say, and when I asked how big the short-list was, she stated that in order to keep the process as non-partisan as possible, she stayed away from it until the interviews had been completed and a single name was brought to her, at which point she reviewed it, and deeming it acceptable, brought it to the House of Commons.  (Remember that the PM and several top PMO staff recused themselves from this process because of the investigations into that vacation that they were all part of).  This means that we have no idea as to how many people applied to the position, and whether Dion was the only qualified candidate at all, given both how stringent the criteria are, and the fact that it took nearly 18 months to reach this point.

Added to this, one should also point out that during the testimony of the nominee for Lobbying Commissioner, Nancy Bélanger, last week at committee, she noted that she hadn't applied for that position initially, but for the post of Information Commissioner (where she currently serves as the deputy commissioner) but was encouraged to also apply for the Lobbying Commissioner position at the time, for which she was the eventual nominee.  It does make me wonder whether Dion had applied for a different position and was asked, at the time, to also apply for the Ethics Commissioner post, and was found to be qualified at the time, giving them a name that fit the criteria.  But that remains supposition, given that we haven't been given any context as to the process or candidates.

Regardless, even though Dion has been given the nomination, it's unlikely that we'll see much of a sea change in how the Ethics Commissioner doles out advice or handles investigations, because part of the real problem is the enabling legislation.  While Dawson has been pleading for it to be updated for years, MPs have been consistently reluctant to do so, making only the minor of tweaks whenever the subject comes up.  And until MPs are looking to get serious on reforming their own conflict of interest code, I don't expect that Dion will be much different from Dawson in the office.

Photo Credit: CBC News

The views, opinions and positions expressed by columnists and contributors are the author’s alone. They do not inherently or expressly reflect the views, opinions and/or positions of our publication.