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The Energy Exchange | Courting Climate Change

In the third episode of the Energy Exchange, a mini-series with Navigator and Gowling, Jason and Lorne dive into environmental litigation and the implications a recent court ruling from The Hague has on the energy sector. Léone Klapwijk, lawyer and Partner at Van Doorne, joins the duo to bring her perspective to help explain the ruling and what it means for the Netherlands, and possibly the world, as we continue to work to mitigate climate change.

Elections Canada failed to guarantee access for Indigenous voters during the 2021 federal election

You likely didn’t hear about it, as the issue hardly made a splash in the news: during our September federal election, 205,000 mail-in ballots were uncounted. This issue is especially troubling for its outsize impact on Indigenous communities, and stacks on other, similar failures.

There are 274 First Nations communities in Canada that lack access to an on-reserve polling station. This adds to the importance of accessible mail-in ballots. However, the relatively short writ period, combined with the pressing demands of a pandemic election, created a flurry of issues on this front.

Ridings in northern Ontario were especially problematic. In Kenora, election day arrived during multiple First Nations’ traditional hunting season, meaning a wide swath of those communities would be absent. To accommodate this, Elections Canada provided advance polling for fly-in communities to ensure access. But when election day arrived, there were no polling stations provided — and what’s more, multiple voters were issued voting cards with incorrect information.

It is straightforward enough to chalk this up to a failure of communication, but the entire episode speaks to systemic issues in the way Indigenous communities are engaged. First Nations, Métis and Inuit represent priority communities for Elections Canada’s work — and this failure to guarantee the most fundamental of civil rights is a direct affront to the spirit and process of reconciliation.

In the last year, Indigenous peoples have had to contend with the painful discovery of unmarked burials at former residential schools, a lengthy court dispute over Canada’s discriminatory child-welfare system, and persistent challenges accessing the necessary infrastructure so that drinking water advisories can be lifted.

Given our unambiguous failings in these areas, it’s worth pausing to consider the stakes of this past election, and the particular importance for every Canadian voter, including Indigenous people, to have their voices heard.

When Justin Trudeau’s government came to power in 2015, the new prime minister ensured that each incoming minister received notice in their mandate letters that “no relationship is more important to me and to Canada than the one with Indigenous peoples.”

But the Elections Canada failure demonstrates an important reality that Indigenous people contend with every day: political will and good intentions alone cannot uproot the problematic systems that define Canada’s relationship with Indigenous people.

We are lucky to live in a country where elections are managed independently — but given the widespread nature of oppression elsewhere in Canada, is it any surprise that independent bodies are marked by the same?

And while Parliament has no role in the day-to-day operations of Elections Canada, our political leadership bears accountability.

In October 2020, Stéphane Perrault, Canada’s chief electoral officer, provided a series of recommendations to Parliament that would strengthen Elections Canada’s ability to execute a fair, safe election. While these changes were considered in Bill C-19, it was abandoned before passage. Ultimately, calling the election was given higher priority than ensuring its fairness.

This issue is not a partisan one, nor is it a unique flaw of this current government. This case is emblematic of systemic racism and the failure to listen to Indigenous voices — from our political leadership, our bureaucracy, and yes, from Elections Canada.

No doubt, the political will for Indigenous reconciliation is strong, even if it may not always translate into effective action. But what needs to change at an equal pace is the way our machinery of government accounts for and engages with Indigenous people.

Elections Canada has vowed to conduct a review, but the problem is clear and has been known for some time. A 1991 Royal Commission explained that Indigenous communities cannot be engaged only once the writ has dropped. Rather, they need to be consulted on an ongoing basis.

Enfranchisement is the most fundamental of civil rights, and work needs to happen now to make certain that it is shared equally by all Canadians at the next election. For those championing reconciliation, this would be a good place to start.

The Energy Exchange | Plugged In

In our second episode of the Energy Exchange, co-hosts Jason Hatcher and Lorne Rollheiser chat with Cara Clairman, President of Plug n’ Drive, an organization committed to accelerating the adoption of electric vehicles to maximize their environmental and economic benefits. Listen in as the trio discuss the accessibility and affordability of EVs, and what Canada needs to do to reach its 2035 EV goals. 

‘One lockdown too many’: Ontario’s election will be a messy affair, and leaders must embrace the uncertainty

It was only four years ago today that Ontario Progressive Conservative organizers, staff and candidates were consumed by an all-out sprint to elect a new leader — while managing the predictable party infighting, desperate as they were to present a viable alternative to the Wynne Liberals.

Back in 2018, perfectly naturally, many assumed that this would be the strangest, most unpredictable election of Doug Ford’s career. But they would turn out to be wrong.

Now, less than three months away from Ontario’s 43rd provincial election, Premier Ford and his challengers share one common predicament: uncertainty.

The chronic resurgence and retreat of COVID-19, combined with a convergence of social, economic and political changes, have contributed to an incredibly volatile opinion environment in which it’s difficult to measure even the immediate priorities of the electorate, let alone forecast where they are headed.

There is a sense that Ontarians have had “one lockdown too many,” as a Toronto resident put it to me. As public health restrictions are gradually phased out, I am increasingly optimistic that this election will be about much more than managing the pandemic, focused instead on charting a better path forward for Ontario.

Of course, politics is a game of managing expectations. Just as the Trudeau Liberals campaigned on an expansion of temporary pandemic relief programs and an articulation of longer-term priorities last year, the Ford government will have to balance competing pressures.

Key to their success will be outlining a coherent vision that feels relevant and forward-looking, while at the same time anticipating the probability that Omicron is neither the last nor the worst variant we will face. To put it more simply, they need to get on with the great pursuits of government.

Presently, leaders of all major political parties appear to be in a state of paralysis, keeping their cards close until closer to the writ period. For example, earlier this week the Ford government quietly passed legislation that will delay the spring budget without penalty, a move that’s transparently motivated by a desire for a pre-writ, election-friendly budget document.

While Liberal and NDP leaders have criticized the move, neither have taken it as an invitation to fill the void with their own platforms.

In this instance, timidity will do far more harm than audacity. Rather than waiting to communicate a perfect post-pandemic road map, parties should embrace the uncertainty, resist ideological orthodoxies and demonstrate their willingness to evolve as circumstances change at breakneck speed. It will be messy, and Ontario voters will get a meaningful look at the capabilities of their political leaders.

Being adaptive does not mean being unprincipled. Rather, one of the core tenets of strong political leadership is presenting a value set that is resilient to changing circumstances. To that end, Premier Ford can return to his roots as a champion for affordability — a positioning that was central to his 2018 win.

If it worked well in peacetime, it may prove even more relevant after the economic fallout of COVID-19. Or in the face of an unjust war with massive repercussions for logistics, deliveries and consumer prices. For voters with no elasticity in their budget, these are not abstract problems.

Recent commitments to cancel toll roads and scrap licence plate renewal fees have been right on the mark, but Premier Ford’s more persistent affordability challenge will be rising gas prices. While largely out of his control, this challenge has added pressure around his government’s unmet promise to lower prices by 10 cents a litre.

Issues of this scale and complexity are challenging to address publicly during the best of times, let alone when accompanied by the disorder of an election campaign. However, there is no question that Ford’s re-election prospects will be shaped by his ability to rise to the challenge.

Whether additional variants or international developments throw new hurdles in those plans is anybody’s guess. What’s certain is that the peculiarities of our 43rd provincial election are only getting started.

Employee Owned (w/Jon Shell)

This week host Amanda Galbraith speaks with Jon Shell, the Managing Director of Social Capital Partners. SCP is making waves in Canada’s existing financial system by pushing employee ownership and wealth equality models similar to those seen in the US and the UK.