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Politics Briefing: Canada to allow fully vaccinated Americans into the country Aug. 9 – The Globe and Mail




This is the daily Politics Briefing newsletter, written by Ian Bailey. It is available exclusively to our digital subscribers. If you’re reading this on the web, subscribers can sign up for the Politics newsletter and more than 20 others on our newsletter signup page. Have any feedback? Let us know what you think.

As of Aug. 9, Canada will allow fully vaccinated U.S. citizens and permanent residents into the country, with travellers from the rest of the world allowed for non-essential travel on Sept. 7.

The new measures were announced Monday by federal cabinet ministers.

Health Minister Patty Hajdu said at least 80 per cent of Canadians have received one dose of vaccine and more than 50 per cent are fully vaccinated.

“Thanks to the hard work of Canadians who have followed public health measures and stepped up to get vaccinated when it was their turn, we are in a much stronger position to be able to further ease border measures for fully vaccinated travelers,” Ms. Hajdu told a news conference..

Public Safety Minister Bill Blair, at the same news conference, said that Canada is watching pandemic developments closely.

“Our top priority must continue to be the health and safety of all Canadians and that’s why we will continue to monitor the public health situation in Canada and around the world including vaccination rates and risks posed by the variants of concern,” he said.

“Should the situation evolve in any way that is concerning, we are prepared to adjust our border policies as necessary.”

Monday’s announcement comes after Prime Minister Justin Trudeau’s office said, following a meeting with premiers and territorial leaders last week, that non-essential travel across the Canada-U.S. border could begin in mid-August for fully vaccinated travellers.

Mr. Trudeau has been urged to relax the COVID-19 restrictions that have closed the Canada-U.S. land border to non-essential travellers since March 21, 2020.

More details here on Monday’s border announcement.


CHINA CRITICIZED FOR CYBERHACK – Canada has joined the United States and other allies, including NATO, to collectively condemn China for masterminding a sophisticated cyberhack of Microsoft services in early 2021 – but they stopped short imposing sanctions against Beijing.

FACIAL RECOGNITION USED IN DEPORTEE SEARCH – In an effort to identify potential deportees, the federal government quietly tested facial recognition technology on millions of unsuspecting travellers at Toronto’s Pearson International Airport in 2016. Story here.

BETTER OUTBREAK ASSESSMENT NEEDED – If Canada does not adopt a new approach to determining the risk posed by major outbreaks, the country could find itself struggling to confront a future health crisis, a former national security adviser says.

MAY ON GREEN TURMOIL – As the Green Party withdraws a non-confidence vote on its current leader, Annamie Paul, past leader Elizabeth May declines to comment on turmoil surrounding her party.

CONTINUED CONTROVERSY IN MANITOBA – The fallout from remarks by Manitoba Premier Brian Pallister, on history, and his newly appointed Indigenous and Northern Relations Minister, on residential schools, continues: Two Indigenous men have quit their positions on Manitoba economic development boards over the situation. Story here.

NOVA SCOTIA ELECTION UNDERWAY – After weeks of speculation about a summer election, Nova Scotia Liberal Leader Iain Rankin has called a vote for Aug. 17. On Sunday, NDP Leader Gary Burrill unveiled his party’s 10-year plan for the province, which would include permanent rent control and paid sick days, as the province entered the second day of the election campaign. Global News looks here at how the timing of the Nova Scotia election may affect an expected federal election.

RACISM COMPLAINT AT IRB – A Black public servant has filed a complaint over an alleged ”slaves” comment in the workplace. Monica Agard, who works at the Immigration and Refugee Board, says she was chatting with a colleague about her workload and looming deadlines when a supervisor passing by cut into their conversation. “We should go back to the good old days when we had slaves,” said Ms. Agard. Story here.

O’TOOLE IN SASKATCHEWAN – During a visit to Saskatchewan, Conservative Leader Erin O’Toole told Premier Scott Moe he could give the Premier more or less what he wants on carbon pricing after the province’s plan was rejected by the federal government. “We would try and work with exactly what he’s proposed,” said Mr. O’Toole. The federal Tory leader also visited the Cowessess First Nation and met with Chief Cadmus Delorme. Story here , from the Regina Leader-Post.

SINGH IN ALBERTA – In Edmonton, federal NDP Leader Jagmeet Singh said that his party’s jobs plan will invest in infrastructure and get energy-sector workers back to work in renewables as he continued his tour of Alberta in Edmonton Sunday. From the Edmonton Journal. Story here.


Private meetings. The Prime Minister, along with Families Minister Ahmed Hussen, Transport Minister Minister Omar Alghabra and others make a housing announcement in Brampton, Ont., and hold a media availability.


Bloc Québécois Leader Yves-François Blanchet holds a news conference in Rivière-Héva, Que., on Bill C-208 to amend the Income Tax Act and government policy on the use of the pesticide glyphosate.

Conservative Leader Erin O’Toole – Mr. O’Toole’s office confirmed he is in Ottawa this week, but provided no other details.

Green Party Leader Annamie Paul holds a news conference in Toronto.

NDP Leader Jagmeet Singh visits a picket line at the Edmonton-based CESSCO Fabrication and Engineering operation.


The Globe and Mail Editorial Board on why Canada is going to such great lengths to accommodate the tiny minority of our fellow citizens who refuse to get vaccinated:The inescapable conclusion is that, even though 79 per cent of Canadians aged 12 years and over have had a first shot, and more than 56 per cent a second shot, it’s still not enough. This page has long called for Canada to aim for at least 90 per cent coverage. A recent brief in the Canadian Medical Association Journal says that is likely the level needed to achieve herd immunity against the highly contagious Delta variant. That means public health authorities have to keep reaching out to the unvaccinated; we’ve repeatedly urged copying the door-to-door approach of the census, which has a 98 per cent success rate. Many unvaccinated people are vaccine hesitant, not vaccine hostile. That’s why Canada’s first-shot level is still rising, albeit by less than 1 per cent a week.”

Campbell Clark (The Globe and Mail) on the lost art of government planning being sorely missed in border reopening: When Mr. Trudeau made the decision to close the border there were a lot of other massive problems on his mind, and those of his aides. They were scrambling out new benefits to save millions of Canadians from going broke and scrambling to buy PPE to keep hospital wards functioning. But somebody, somewhere inside government, should have had this thought: We’re taking the unprecedented step of closing the border, so we should set folks planning for the unprecedented step of reopening. But when the time came, there was no plan.”

Ken Boessenkool (The Hub) on why Conservatives must emphasize social conservatism to succeed: “Stephen Harper was right. To be successful in the modern age, Conservatives need to emphasize social conservatism over economic conservatism. This is especially true in times of emergencies, such as a global pandemic. I believe Canada’s Conservatives (and conservatives) — both provincial and federal — would have fared much better in these last 16 months had they followed Harper’s advice and leaned more heavily on social conservative insights and language rather than the paths of conventional economic conservatism or the more recent expressions of populism.”

Vaughn Palmer (The Vancouver Sun) on B.C. Premier John Horgan’s fourth anniversary in power:Lately the premier’s communications skills seem to be faltering, amid a propensity for gaffes that has his ministers and staff crafting followup responses of the “what the premier meant to say” variety. Perhaps he’s let the favourable polling numbers go to his head. Polls are only a snapshot and a backward-looking one at that. “Just ask Premier Adrian Dix,” to quote a joke that periodically makes the rounds in NDP circles. Still, Horgan, with his penchant for victory laps, can claim another as he marks the end of his fourth year with for now, no end in sight to his tenure. By early November, he will pass Mike Harcourt (4 years, 109 days in office) to become B.C.’s longest-serving NDP premier. Before the end of 2023, Horgan can pass Christy Clark (6 years, 126 days) to become the seventh-longest serving among B.C.’s three dozen premiers. The next B.C. election is scheduled for Oct. 19, 2024 — not that Horgan will feel bound to respect that fixed-in-law date any more than he did the last one. The premier turns 65 in August of 2024 and some New Democrats wonder if he will run again. He’s not indicated one way or another.”

Gabriel Poliquin (Policy Options) on why the appointment of a non-French-speaking GG cannot be a precedent for appointing non-French-speaking Supreme Court justices: It does not follow from the appointment of Mary Simon, who is bilingual in English and Inuktitut, as the next Governor General of Canada that the prime minister can, should (or must) appoint Supreme Court justices who do not have a working command of both official languages. Let us not confuse apples and oranges, or issues of representation with issues of equality. Canadians have a constitutional right to be heard in the official language of their choice by federally constituted tribunals without the aid of an interpreter.”

Send along your political questions and we will look at getting answers to run in this newsletter. It’s not possible to answer each one personally. Questions and answers will be edited for length and clarity.

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Jason Kenney's longing for Alberta's pre-COVID politics –



Pandemic? What pandemic?

In Premier Jason Kenney’s Alberta, the pandemic isn’t just retreating, it has been defeated.

“Such a joy to connect with Albertans during Canada’s first major event after the pandemic,” said a jubilant social media post last week from Kenney after he visited the Calgary Stampede.

Saying “after the pandemic” was no slip of the keyboard. Kenney chose his words carefully, including being sure to point out the Stampede was the “Canada’s first major event.”

Alberta was the first province to lift virtually all pandemic restrictions on July 1; the first to get more than 70 percent of eligible citizens vaccinated with one dose; and, now, the first province to declare we’re in a post-pandemic world.

This is Alberta exceptionalism, Kenney style.

And, boy, does Kenney need to be seen as exceptional these days. His popularity plummeted during the pandemic – from a high of about 60 per cent in support in 2019 to around 30 per cent now, according to the most recent polls.

The pandemic, of course, is not over – as health experts are quick to point out.

The number of cases and hospitalizations have fallen dramatically in Alberta (and other jurisdictions) thanks to vaccinations, but the pandemic is still with us, even if it is a shadow of its former self.

At the same time, countries including France are re-imposing restrictions as the number of Delta-variant cases surge and experts talk ominously of a fourth wave among the unvaccinated.

Ironically, Kenney’s optimistically misleading view of Alberta being in an “after the pandemic state” might actually put the province at risk of enduring more variant cases. The province’s vaccine rollout, doing so well just weeks ago, has stalled. After hitting 70 per cent of Albertans with their first dose a month ago, the rate has increased by a trickle to just under 75 per cent despite the government announcing a vaccine lottery with cash prizes and exotic vacations.

There are a multitude of reasons for the slower uptake including lack of access to clinics in rural areas and suspicion of the vaccines — but you have to think that Kenney talking about the pandemic in the past tense has some people wondering why they’d bother to get a shot now.

Therein lies a Catch-22 for Kenney among his Conservative supporters who have rankled at pandemic restrictions from the beginning.

Tell them the pandemic is over and they’ll see no reason to get vaccinated. Tell them the pandemic is not over and he’d have to maintain pandemic restrictions, further aggravating his conservative base.

For the base, the big issue is politics, not pandemics.

Right-wing voters are disappointed in Kenney, not just because he imposed what they considered draconian COVID-19 measures, but because he backed off on his war with the federal Liberal government during the pandemic.

Well, that war is back on.

Kenney is holding a referendum vote this October, in conjunction with Alberta’s municipal elections, asking Albertans if they want the federal equalization program scrapped. Never mind that it’s a federal program paid for by federal tax dollars, Kenney is arguing that equalization is unfair to Alberta (even though Kenney himself was part of the Harper federal cabinet that amended the equalization formula a decade ago).

Kenney has dusted off the anti-Trudeau rhetoric, once again accusing the prime minister of “openly campaigning against Alberta” in the last federal election, even though the federal government bought the Trans Mountain pipeline and has committed to twinning the pipe so Alberta can get more energy products to the West Coast for shipment internationally.

But Kenney is loath to give his political nemesis any pats on the back. This reluctance reached petty heights, or lows, on July 7 when the prime minister held a news conference in Calgary with Mayor Naheed Nenshi to formally announce the city’s $5.5-billion Green Line LRT project. Neither Kenney nor anybody from the Alberta government attended the news conference even though the province is kicking in $1.5 billion.

Kenney’s office said the announcement was just a rehash of previous announcements. That’s true – but when has a politician ever shied away from re-announcing projects when there are headlines to grab?

Kenney apparently didn’t want to be seen helping boost Trudeau’s profile on the eve of a possible federal election.

On a more practical front, Kenney’s anti-Trudeau feelings could prove costly to Alberta’s parents, particularly those in the large urban centres, who are keen on the federal government’s $30-billion plan for a $10-a-day daycare system.

Both British Columbia and Nova Scotia have signed on to plans tailored to their provinces and Alberta insists it is in negotiations, but Kenney’s initial response in April was to dismiss the federal plan as a “nine-to-five, government-run, union-operated, largely-urban-care” system. Predictably, the Alberta government is also upset with the federal government’s plan announced this week to begin consultations on a “Just Transition” plan to help Canadian workers energy workers get ready for a future less dependent on fossil fuels.

“The federal government’s intention to hastily phase out Canada’s world-class oil and gas industry is extremely harmful to the hundreds of thousands who directly and indirectly work in the sector, and will be detrimental to Canada’s economic recovery,” said Alberta Energy Minister Sonya Savage Tuesday in a deliberate misreading of Ottawa’s intent.

But that’s the tone of the Alberta government in 2021 when it comes to dealing with the federal Liberals: partisan, pugilistic and plain ornery.

It’s a throwback to 2019 before the pandemic hit.

In that respect, Kenney is right. Politically speaking, Alberta is indeed in a post-pandemic world.

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

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South America Politics Are Bullish for Copper, Freeport Says – BNN



(Bloomberg) — Policy uncertainty in Peru and Chile, which account for about 40% of global copper production, is supportive of future prices of the metal as producers balk on pulling the trigger on investments, according to Freeport-McMoRan Inc.

Speaking to analysts Thursday, Chief Executive Officer Richard Adkerson said the shifting political winds in the two South American copper giants are part of the challenges that mining faces to meet growing demand as the world transitions away from fossil fuels.

Adkerson, a 74-year-old mining veteran, plans to work with the industry in Peru to engage with the incoming government of left-winger Pedro Castillo, who has vowed to take a bigger share of the mineral windfall to fight poverty. In Chile, Freeport is holding off on a major expansion as the country debates tax hikes, drafts a new constitution and heads into a presidential election at a time when voters are pushing for more social spending to address inequalities.

“We really don’t know what the outcome is, bottom line,” Adkerson said. “This is going to be supportive of future copper prices.”

Copper hit a record earlier this year as economies emerged from Covid lockdowns at a time of disrupted supplies and an acceleration of a clean-energy shift that will require much more of the metal used in wiring. The prospect of surging demand comes after years of exploration and development cutbacks when prices were low and as the supply side grapples with rising social and environmental expectations and falling ore quality.

Still, Adkerson offered some hope that the industry will be able to avoid drastic policy changes in Peru, pointing to stability agreements and examples of other candidates moderating their approaches once in office.

On a seperate call Thursday, Newmont Corp. CEO Tom Palmer said the company expects to make a decision by December on a proposed investment at the Yanacocha mine in Peru. Newmont would likely start engaging with the new cabinet over the next six months, and is optimistic of being well received, he said.

(Adds comment from Newmont CEO in last paragraph)

©2021 Bloomberg L.P.

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The Supreme Court Injects Partisan Politics Into Independent Agencies – NPR



Erin Schaff/AP

If you think that government experts should be free from political influence, then think again.

Twice this June the Supreme Court ruled that the president could exert more control over regulatory agencies, the government institutions that are as important as they sound boring.

While Congress may write laws, agencies are needed to interpret them, apply them, and fill in their gaps. Take the government’s efforts to address lead poisoning. Congress passed a statute in 1971, and since then, a suite of agencies has issued regulations that keep up with the latest science on the problem. Such updating is especially needed in an era of political gridlock. Most climate policy, for example, builds on a 1963 statute that hasn’t been amended in nearly 30 years.

Congress initially designed many of these agencies—including the two at issue this term—to stand above the whims of politics. But the court may be on the verge of undoing almost a century’s worth of precedent and legal understandings protecting that independence.

More Presidential Control Over Hiring

In one case, the court ruled that administrative judges hired to hear challenges to existing patents were too independent and had to be supervised by a presidential appointee with the power to overturn their decisions.

The judges sit on the Patent Trial and Appeal Board at the United States Patent and Trademark Office–known as the “death squad” because it frequently invalidates patents. Smaller businesses say giants like Apple and Google use the board to squash legitimate competition, while larger companies argue these so-called competitors are infringing on existing patents, and the board is needed to root them out. Often, millions, if not billions, of dollars are at stake.

So, in 2015, when the board’s administrative judges declared that the medical device company Arthrex held an invalid patent, Arthrex took aim at not just the board’s decision but the board itself.

The company argued that the patent judges held too much power and were too insulated from the president’s political influence. This arrangement, the company said, ran afoul of the power the Constitution grants to the president. Either the president should appoint the judges himself or a presidential appointee should supervise them more directly.

The high court agreed. In an opinion by Chief Justice John Roberts, the court ruled that the president did need more control of the judges. That, the court held, would ensure a direct chain of political accountability between the president and the administrative officials beneath him.

But the court didn’t give Arthrex everything the company had asked for. Arthrex hoped the court would see a constitutional defect with the patent judges and scrap the whole patent board as a result. Instead, the court preserved the board but reined in the patent judges’ independence, granting the presidential appointee who directs the patent office the power to reverse their decisions.

Most administrative judges are already heavily supervised by political appointees, so June’s decision may just bring the patent office in line with the status quo. Still, the justices have injected politics into an agency Congress wanted to be nonpartisan. What’s more, they have tightened the reins on Congress, limiting its ability to create independent agencies in the future.

More Presidential Control Over Firing

In a second case, the justices again ruled that the president should hold more sway, this time over firing.

In the aftermath of the 2008 financial crisis, Congress set up a new agency to oversee Fannie Mae and Freddie Mac, the quasi-public companies meant to stabilize the mortgage market. Fannie’s and Freddie’s shareholders alleged that the agency, in its attempts to recoup bail-out money, illegally appropriated billions of dollars from the companies. All this was illegal, they said, because the agency was overly protected from presidential control.

Specifically, the agency had only a single director—as opposed to a committee of directors—and the single director had a term longer than the president’s. What’s more, the president could only remove the director for cause—meaning corruption, malfeasance, or neglect of duty. But, the shareholders claimed, the president should be able to fire the director for any reason, without cause.

Like Arthrex, the shareholders said this problem infected the agency’s decisions—particularly its decision to recoup billions in government money given to Fannie and Freddie to prevent a complete meltdown in the mortgage market during the financial crisis and thereafter.

The justices again agreed only in part. With an opinion by Justice Samuel Alito, a fractured court held the president should be able to remove the director without cause. But the court declined to set aside the director’s decisions because he had been appointed constitutionally, namely by the president and confirmed by the Senate.

An Attack on Agencies

The same day the court said the president could fire the agency’s director, President Biden did exactly that. And three weeks later, Biden axed the head of the Social Security Administration, also headed by a single director whom President Trump had appointed.

More lawsuits and more firings may lie ahead at other agencies run by a single director, like the Government Accountability Office.

Even more prominent agencies may also be at risk, among them the Securities and Exchange Commission, the Federal Reserve Board, and the Federal Communications Commission. Though these agencies are led by multi-member commissions, not single directors, those commissions have a single chairman who is difficult to replace. Now those chairmen may be in the crosshairs.

June’s decision is the latest attack on a New Deal era precedent that protects agency independence. In 1935, a unanimous court held that President Franklin Roosevelt had acted unconstitutionally when he fired William Humphrey, a Federal Trade Commissioner, for political reasons. Humphrey was a conservative holdover from the prior administration who disagreed with Roosevelt’s progressive policies. And the court said that under the statute that created the FTC, he could only be fired for cause, meaning misconduct.

The current court has narrowed the scope of this 86-year-old precedent. On top of that, Justices Neil Gorsuch and Clarence Thomas have called for overturning the 1935 decision altogether, and Justice Brett Kavanaugh criticized the decision while a judge on the D.C. Circuit Court of Appeals.

A Scalpel or a Sledgehammer?

Both of June’s decisions also raised a question that reaches beyond regulatory agencies. When one provision of a law is unconstitutional, can the court remove the issue with a scalpel and then patch up the problem? Or does the court need to strike down whole portions of the law with a sledgehammer and then undo the government’s decisions?

Arthrex corporation, for example, argued that because of a problem with how patent judges are appointed, the court should not just reverse their ruling against Arthrex, but also eliminate the whole board of patent judges. And Fannie’s and Freddie’s shareholders wanted the court to unwind billions of dollars’ worth of agency decisions for want of a single removal provision.

But the court for nearly a century has used a more surgical approach. The justices have presumed that unconstitutionality in one provision does not infect the rest of the law or an agency’s decisions. In these two cases, a majority of the court reaffirmed that presumption.

In both cases Justice Neil Gorsuch bucked the trend. He would have reversed the decisions of the patent judges and undone $124 billion worth of bailout decisions aimed at stemming the financial crisis. In other recent cases, Justices Clarence Thomas and Samuel Alito have signed on to Gorsuch’s idea. When the court this term upheld the Affordable Care Act, Justice Alito dissented, calling for the court to strike down the law’s key provisions because of a problem with just one of them. These three justices may fall short of a majority, but they have planted the seeds for future cases.

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