“The Problem Is Every Time I Thought It Was Done, He Would Do Something Else That Was Monumentally Stupid and I'd Think

Queen’s Park Today – Daily Report October 15, 2019

Quotation of the day

“The problem is every time I thought it was done, he would do something else that was monumentally stupid and I’d think, well, now we’ve got to go back.”

Author Linwood Barclay discusses the writing process — a “labour of hate” — for his forthcoming satirical book Ford AbomiNation.

Today at Queen’s Park

On the schedule T-minus one week until Canadians go to the federal polls — and two weeks until the house returns from extended recess on Monday, October 28.

Premier watch Premier Doug Ford is heading to the north country this week, with scheduled stops in Thunder Bay and Kenora alongside Greg Rickford, his minister of energy, northern development and mines, who also represents the region. Ford is planning to hit up an electric company, emergency services centre and Indigenous high school.

The premier is slated to hold a media availability on Wednesday for what will be the second time since the federal writ was drawn up.

Court says axing cap-and-trade unlawful but cancellation stands Ontario’s divisional court says the Ford government broke the law when it scrapped cap-and-trade by not consulting the public as required by the Environmental Bill of Rights (EBR).

In a split decision released Friday, the court said the government failed to follow its own law and consult the public when it axed the Liberal-era system last year, but it dismissed the broader legal challenge — brought by Greenpeace Canada and Ecojustice — without penalty for the Progressive Conservatives.

The three-judge panel was split on the request for a formal declaration against the government. The PCs claimed the 2018 general election was “substantially equivalent” to the 30-day public consultation required by the EBR, but Justice David Corbett said otherwise.

“The government’s recent election did not relieve it from its obligation to follow the requirements set out in the EBR, a valid Ontario law,” he wrote.

Corbett went on to censure the Ford government for not following due process, which “raises serious concerns — not about whether the government had the lawful authority to repeal the Cap and Trade Act, but of its respect for the Rule of Law.”

“The declaration makes a point broader than its four corners: it makes the point that the government is not above the law and may not insulate itself from judicial review when it acts unlawfully,” Corbett stated.

However, the court determined the newly elected rookie PCs did not act in bad faith when they made good on their campaign promise to nix cap-and-trade.

“This happened in the opening days of a new government: it may be that the attempt to justify unlawful conduct was borne of inexperience and a desire to move swiftly to implement new policy … Mistakes will be made; governing is different from electioneering. There is a world of difference in finding that an inexperienced Minister and government made mistakes on their first day in office, and in finding that they deliberately set out to flout the law.”

Greenpeace Canada’s Keith Stewart called Friday’s ruling a victory for environmental advocates, saying it reinforces Ontarians’ right to participate in decision-making.

“This decision should effectively block governments from trying to ram environmental policy changes through immediately post-election as part of a shock-and-awe approach to governing,” he said.

Environmental Minister Jeff Yurek, who was shuffled into the portfolio at the end of June, said the government is “pleased” the court sided in its favour.

“Our government campaigned on a clear commitment to eliminate the cap-and-trade program that made life costly for Ontario’s families and businesses,” Yurek said in a statement.

On the flip side NDP Climate Crisis critic Peter Tabuns said the decision shows Premier Doug Ford and his cabinet are not “above the law.”

Green Leader Mike Schreiner said he’s “glad the courts reminded Ford that in a democracy, you don’t get to rule by decree.”

“The public has the right, enshrined in law, to be consulted on changes that will affect the air we breathe and the water we drink. But this government prefers to dismantle environmental protections behind closed doors,” Schreiner said in a statement.

Today’s events

October 15 at 8 a.m. — Toronto StrategyCorp’s Institute of Public Policy and Economy officially launches at the Design Exchange. The think tank is helmed by the premier’s former policy director Mitch Davidson.

October 15 at 12 p.m. — Toronto Infrastructure Minister Laurie Scott will be at the Toronto Region Board of Trade to announce details of the province’s new unsolicited infrastructure proposals program for the private sector.

October 15 at 7 p.m. — Owen Sound NDP Climate Crisis critic Peter Tabuns will participate in a climate change discussion with federal NDP candidate for Bruce—Grey—Owen Sound, Chris Stephen, at a private residence.

Topics of conversation

● To vote or not to vote: that was the question over which the Ford government repeatedly waffled last summer before ultimately axing regional chair elections in Peel, York, Niagara and Muskoka — but not before sending bureaucrats scrambling. The Globe and Mail dug up documents through access-to-information laws that show the PCs repeatedly flip-flopped on the decision days before announcing the controversial news. ○ At last month’s cabinet meeting Municipal Affairs Minister Steve Clark wouldn’t bite when reporters asked whether the report on the regional governance review addresses provincial meddling. Clark reiterated he’s taking his time with the substantive report and hasn’t committed to releasing all or part of it to the public. He only said he’ll have more to say in the fall.

● Legal woes continued for the Ford government Friday. University students had their day in court to argue that making some tuition fees optional was a politically motivated attack on student unions and services, which undermines the independence of academic institutions. ○ According to the Canadian Press, counsel for the Canadian Federation of Students cited comments made by Premier Doug Ford to make their case. In a fundraising email at the time, Ford suggested students are forced into unions and to pay dues: “I think we all know what kind of crazy Marxist nonsense student unions get up to.”

● Ontario’s unemployment rate ticked down slightly in September, to 5.3 per cent from 5.6 per cent in August, mostly thanks to an increase in full-time work, according to Statistics Canada. Compared to last September, employment was up 3.5 per cent. ○ Premier Doug Ford took credit for the rosy snapshot in a PC Party fundraising email blast. “When the Liberals were in power … red tape was choking the jobs right out of the province. But things are different now. We’re back on the right track,” Ford says, before asking would-be supporters to cough up a buck.

● On the federal campaign trail: Liberal Leader Justin Trudeau set his sights on Ontario’s manufacturing heartland and pumped up NAFTA 2.0 as a cure-all for the southwestern region’s troubles. CP has the details.

● Premier Ford says Ontario stands ready to help Manitoba, which has declared a state of emergency due to a major snowstorm. Ontario’s emergency services operations are monitoring the situation and in close contact with their Prairie counterparts, he said. “Our government has reached out to Premier [Brian] Pallister to offer our full support in whatever capacity is needed … Manitoba has a friend in Ontario.”

● Oakville Mayor Rob Burton has written to Tourism, Culture and Sport Minister Lisa MacLeod asking for the province to intervene to save the renowned Glen Abbey golf course, whose owners want to develop it into 3,222 residential units. ○ Burton reminded the minister local PC MPPs Effie Triantafilopoulos and Stephen Crawford campaigned on saving the links and suggested she make good on their commitments by rezoning the land via a provincial heritage designation or a minister’s zoning order.

Funding announcements Ministry of Training, Colleges and Universities ● The Sault College of Applied Arts and Technology is getting more than $1.5 million to help train 50 unemployed and working Ontarians in the steel and manufacturing sector. Minister Ross Romano said the project will also help connect sector-based employers with skilled workers in northern Ontario. ○ Last month, the province provided $1.9 million for a similar program in southwestern Ontario.

Queen's Park Today is written by Sabrina Nanji, reporting from the Queen's Park press gallery.

What did you think of this Daily Report? What else would you like to see here? Email [email protected] and let us know.