Tag Archives: Access to Information

Roundup: Yet more dubious suggestions hosted by the GRO

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Over on the Government Representative Office website, Government Leader in the Senate – err, “government representative” Senator Peter Harder has been hosting suggestions from former senators of late on how to “reform” the Senate. Because of course he has. And not all of the suggestions are particularly helpful, or good for the Senate in the long run. The latest example is from Senator Pierre De Bané, who was a senator for thirty years and an MP before that. De Bané seems to think that what the Senate needs more than anything is the independent oversight body that the Auditor General wants instituted before voluntarily neutering its powers by passing a motion to only use a suspensive veto. Because hey, if it’s good enough for the UK…

I’ve written numerous times that the notion of an independent oversight body risks the senate’s status as a self-governing parliamentary body. I would be okay with an audit committee that includes outside members but is still made up with a majority of senators in order to ensure that it remains in Senate control because it’s important that our parliamentary bodies retain self-governing status. Otherwise we might as well turn power back over to the Queen, because we obviously have no business governing ourselves. I’m also forever baffled by the notion that we should neuter the Senate’s ability to exercise hard power and defeat a bad government bill when necessary. It’s part of their necessary duties to hold government to account, and before you say that it’s good enough for the House of Lords, the Canadian Senate is a vastly different body than the Lords, with a very different history, and the Senate was never the primary legislative body as the Lords was for centuries. These are differences that can’t be papered over.

De Bané’s other suggestion is that the Senate start creating a series of special committees tailored to senators’ special interests to…do advocacy work, apparently. I’m not opposed to senators undertaking an advocacy role on issues that are of particular interest to them, I am less keen on the proliferation of special committees because I worry that it will draw the focus away from the actual legislative responsibilities of senators – especially in an environment with independent senators who are beholden to nobody and who aren’t able to be corralled into getting work done. We’re already having problems getting bills passed in a timely manner because the leadership within the Senate refuses to do things like negotiate with one another – now imagine that these senators are otherwise engaged with busywork of their own interest rather than with the boring work of scrutinising legislation or holding government to account. I do fear that creating an environment where personalized committees can proliferate will have a detrimental effect on the Senate overall, and I’m a bit surprised that a former senator doesn’t see this possibility.

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Roundup: Cluelessly disparaging parliamentary privilege

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Sometimes you read an op-ed so clueless that it burns. This piece by lawyer and part-time law professor Daniel Tsai about the Mike Duffy lawsuit is one of those pieces. Tsai argues that the lawsuit is an opportunity for the courts to make changes to the Senate that, according to him, will make it “more accountable.” As his evidence, he cites statements from Government Leader in the Senate – err, “government representative” Senator Peter Harder darkly musing that some senators may want to protect their friends, and Senator Marilou McPhedran’s quest to root out harassment in the Senate as “proof” that the problem is the Senate’s parliamentary privilege. But he also cites former Senator Don Meredith as a case of harassment without also acknowledging that it was because the Senate has parliamentary privilege that they’re able to discipline their own, and that they had recommended expulsion for his breaching the Senate’s ethical code, and that forced his hand to resign. This is a feature, not a bug.

The whole piece demonstrates that, lawyer or not, Tsai doesn’t understand what privilege is, the importance of Parliament’s need to be self-governing (if it’s not, we might as well just turn power back over to the Queen), or the fact that the institutional independence of the Senate (which allows it to hold the government to account) requires it to have a robust set of privileges that can police its own members rather than subject the institution to threats of lawsuits from its various members when they’ve feeling sore by the fact that they’ve been disciplined. Weakening privilege won’t make the Senate more accountable – it will make it vulnerable to vexatious litigation, and along the way, weaken the House of Commons’ own parliamentary privileges as well (because the privileges of the Senate and the Commons are inextricably linked).

None of this is to suggest that the Senate is perfect – it’s not, and there have been bad apples that generally have been made to resign when the going gets tough. Tsai completely ignores the constitutional role of the Senate and the way in which it’s constructed with a defined purpose in mind in order to engage in some populist pandering to the myths that surround the institution. His “solution” about a judicially-imposed limitation on the privileges that are embedded in the constitution (seriously?!) would make things worse, not better.

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Roundup: Decrying unfairness while ignoring logic

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As the countdown to Kinder Morgan’s deadline for some kind of reassurance around the Trans Mountain pipeline expansion draws near, we’re starting to see a lot of angry commentary from Western conservatives, and not all of it is very well thought out. Yesterday, former Wildrose leader Brian Jean took to the Financial Postto say that Alberta needs to demand a “fairer deal” from Canada…but made a litany of errors and misrepresentations, and gaps in the logic of his own conclusions. Andrew Leach laid out many of them here:

I would add that Jean also disingenuously ignored the fact that the Federal Court of Appeal ruled that the Northern Gateway process didn’t adequately consult the First Nations to a constitutional standard, which was entirely the fault of the Harper government and not Trudeau. And for his complaints around Energy East, he also ignored the fact that while the NEB said that they would look at downstream emissions as part of their analysis, Cabinet broadcast that their criteria for approval had not changed, and it did not include those emissions profiles. It also ignores the economics of the situation, that Energy East was the most expensive option now that Trans Mountain and Keystone XL had been approved. It also gives the false notion that it would allow Alberta oil to flow to Eastern refineries for the sake of “energy security” when those refineries are not built to handle the kind of heavy crude that Alberta exports, and thus the majority of it would not wind up in Canadian gas tanks. But hey, why do facts matter when you’re trying to stir up anger?

And anger over equalization is so easy to stir up when you constantly misrepresent the issue. It’s not a cheque that the province hands over – it comes mostly out of personal income taxes. It’s a federal programme, and the reason Alberta pays more into it and doesn’t get it is because Albertans have the highest incomes in the country, and the fiscal capacity that their government can offer the same level of services as other provinces without crippling taxes. And when Premier Moe starts tweeting about “shipping out” equalization dollars, I think it’s fair to ask if he thinks that his province wants either the lower incomes or the reduced fiscal capacity that it would take for them to be a net receiver of equalization. (Note: He does have a point about the rail backlogs, and the federal government could have taken measures to deal with that months ago if they so chose). But seriously – these equalization/fair deal gripes are not grounded in fact or logic, and we need to remind people of that.

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QP: Border concerns at the fore

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All leaders were present, and before QP got underway, Guy Caron, Andrew Scheer, and Marco Mendicino made statements about the van attack in Toronto yesterday. After a moment of silence, Scheer led off, concern trolling that the government of Quebec had to go to the media to get action on irregular border crossers. Justin Trudeau said that they had been rebuilding the relationship with the provinces, and that they were working on the issue with them. Scheer demanded to know why nothing had been done over the past year to stem the flow of migrants, and Trudeau took up a script to list the fact that the previous government made cuts to CBSA and the IRB that they were still investing to clean up. Scheer worried that legitimate refugees or immigrants were not getting processed because of these backlogs, and Trudeau didn’t use a script to call out the Conservatives for having broken the system. Scheer protested that the Conservatives had a “generous” refugee resettlement programme, but Trudeau reiterated the cuts that the previous government instituted. Scheer tried one last time, and Trudeau noted that the backlogs now were as a result of those cuts, while his government was cutting processing times while still respecting the rules around international asylum claimants. Guy Caron was up next for the NDP, accusing the government of rigging the Trans Mountain approval process, to which Trudeau deployed a platitude about energy and the environment going together. Caron switched to French to repeat the question, and Trudeau took a script this time to chastise the NDP for their incoherent position before retreating to the platitudes. Hélène Laverdière was up next to demand the suspension of the Safe Third Country agreement, to which Trudeau took up a new script to read about how they were investing in accelerating processing and strengthening the border. Jenny Kwan reiterated the question in English, to which Trudeau worried that the NDP may be trying to stoke fears around asylum seekers as well, before repeating his previous points sans script.

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Senate QP: Brison talks out the clock

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Senate Question Period resumed this week, after a hiatus of several weeks, and the special guest star this week is Scott Brison, president of the Treasury Board and temporary minister of democratic institutions. Senator Larry Smith led off, and he worried about marijuana regulations not being pre-published in the Canada Gazette. Brison said that Treasury Board’s work from a regulatory perspective was to work with Health Canada to ensure that the framework was in place by the time that the legislation comes into force. He assured them that there would be no corners cut, before launching into the worn talking points about the point of the legislation. Smith tried to puzzle out the timelines around regulations being published, and he wanted the rationale being made public in terms of why the regulations were not pre-published. Brison reiterated that they were trying to ensure that the regulatory framework was in place prior to the law effect. Continue reading →

Roundup: Romanado’s version

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A little over 24 hours after the allegations between Liberal MP Sherry Romanado and Conservative MP James Bezan ricocheted around the Hill, CTV got an exclusive interview with Romanado, and it’s eye-opening in how the accounts differ, particularly around the apology itself. In particular, Romanado disputes that Bezan had made attempts to apologize earlier – something she would have welcomed – and noted that she was blindsided by his public apology in the Commons on Monday morning considering that she was in her office when it happened, and only later made her statement to try to correct what she felt was wrong information.

The biggest takeaway from the interview (which I would encourage you to watch, despite the fact that it’s 20 minutes long) is the fact that in her estimation, Bezan broke the confidentiality of the mediation process by putting out his statement on Monday afternoon – something she respected up until that point, which is partially why she had been blindsided. She also notes that while others are accusing her of making a partisan issue out of it, she had plenty of opportunity to do so beforehand while she respected the confidentiality of the grievance process, and her “reward” for this affair is to be inundated with trolls over social media who have been replete with lewd suggestions about threesomes. As well, other MPs have come to her to recount their own experiences that they won’t come forward with.

There were a few other points of note in the interview – that what people will say was a bad joke felt to her like she was being undermined in front of stakeholders and treated like a sexual object, which made her job as parliamentary secretary harder to do. As well, she has been asked directly by young women who want to get involved in politics if they will be sexually harassed on the Hill, and she has told them unfortunately yes. There need to be conversations about what goes on and how to prevent it, but as this experience shows, it certainly appears that Bezan may have been engaging in some damage control that further sought to undermine Romanado, which is sadly the kind of cynical manoeuvres that happen here far too often.

Meanwhile, Susan Delacourt calls out those who would use sexual harassment allegations for political purposes, going back to the initial incident of those two Liberal MPs booted from caucus, while Robyn Urback argues that a bad joke is not really the same as the same kinds of allegations of sexual harassment that other women are coming forward about.

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QP: Turning attention to Lebouthillier

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With Justin Trudeau off in Beijing, along with several of his ministers, it appeared that Andrew Scheer decided he had better things to do, and left it up to Lisa Raitt to lead off QP instead. Raitt raised the ethical bar in Bill Morneau’s mandate letter, and with that having been failed by the fine for forgetting to declare the holding company that owned his villa, it was enough for him to resign. Dominic LeBlanc rose to respond, and dismissed the line of questioning as a weeks-long fishing expedition, and that Morneau had worked with the Ethics Commissioner. Raitt tried again, bringing in the fictional compliance requirements around Bill C-27, and LeBlanc dismissed the concerns, and pointed out that Raitt wished that the Conservatives had Morneau’s economic growth record. Raitt tried a third time, raising the share sales as though there was anything to question with them, and LeBlanc shrugged it off a third time. Alain Rayes took over in French, demanding to know about the share sales. LeBlanc reiterated his previous responses in French, and they went one more round of the same. Guy Caron was up next for the NDP, concern trolling over Morneau having to meet with the Ethics Commissioner yet again over share sales, but LeBlanc reiterated that Morneau works with the Commissioner and takes her advice. After Caron tried again in English and got the same response, Alexandre Boulerice got up to decry the competence of the revenue minister regarding either the money hoped for from going after tax avoidance and disability tax credits for diabetics, but Diane Lebouthillier assured him that the restored disability advisory committee was getting to work. Boulerice tried again in French, and Lebouthillier responded that they were getting tough on tax avoidance.

https://twitter.com/AaronWherry/status/937764803363340289

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Roundup: Another run refused

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Over the weekend, the NDP made a big deal out of the fact that new leader Jagmeet Singh was “going home” to Windsor, a city where he grew up. But immediately upon arriving, he told reporters that no, he had no plans to run for a seat in the area. Never mind that he a) doesn’t have a seat currently, b) has a connection to Windsor, and he says he wants to run in a riding that he has a connection to, and c) he has three seats in the region which are relatively safe for the party, all of which are conducive to his actually doing the time-honoured thing in our system of getting one of those three MPs to temporarily step aside and let him run for a seat there in their stead for the next couple of years. And it’s not like the party won’t be able to come up with some kind of job for the displaced MP for those two years – they have found work for other displaced MPs, and hell, they could even put him or her to work in the local riding office to keep that connection going, and top up their salary from party coffers rather than pay Singh from them outright for the next two years. But no.

Meanwhile, Guy Caron is in the House of Commons four days a week, and apparently is taking a bigger hand in running the staff in the leader’s office in Ottawa (given that Singh can barely be arsed to be in Ottawa even once a week), which leads me to wonder what exactly Singh’s role as party leader actually is. Furthermore, how is he able to actually wield any authority, either with the caucus or with the staff in the leader’s office, if he’s never there? And if I’m Charlie Angus or Niki Ashton, who did better than Caron in the leadership and who are now back to their old critic roles with nothing more to show for it, I’m probably getting pretty sore that Caron, who came in last, is now the de facto leader. If I’m an NDP supporter, I’m also probably pretty concerned that Singh has immediately sidelined himself into the role of a figurehead who has no institutional role, wields almost no authority, and is merely there to tour the country, give a couple of speeches and have a few photo ops.

Nothing about this situation is acceptable in a parliamentary democracy, and absolutely no part of this is acceptable when it comes to defending Parliament itself. By insisting that parliament is irrelevant, Singh is doing fundamental damage to the institution in the eyes of Canadians, and that should raise the red flags of everyone. How can you lead a party that wants to win more seats in an institution when you personally can’t even be bothered to do so? It’s perverse, and people in his party need to start demanding that either he respects our system of government and gets a seat immediately, or maybe it’s time to find a leader who can.

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Roundup: Blame Dawson or the system?

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As the Bill Morneau imbroglio starts to fade behind the outrage du jour, being the Paradise Papers, Andrew Coyne decided to take another crack at the issue, this time taking a swing at Conflict of Interest and Ethics Commissioner Mary Dawson and her handling – or mishandling – of the whole affair from the beginning. The problem of course is that Coyne’s piece relies heavily on commentary from local civically illiterate crank and guaranteed quote machine Duff Conacher, for whom everything is evil and wrong, and why he hasn’t yet been labelled a vexatious litigant by the courts is beyond me. Regardless, it cannot be denied that yes, Dawson herself is a problem, but not the only problem.

A few days ago, Andrew Potter wrote a piece in the Globe and Mail about the whole sordid history of why we have the Commissioner position in the first place, and why it has always been a problem. And he’s right in pointing out that the point of this position has been politicized from the beginning, but as with so many of our watchdog or “Independent Officer of Parliament” positions these days, they exist as much to deflect problems onto as they do to act as the instrument by which the opposition can use as both a cudgel to launch their attacks, and a shield to hide behind if there is any counter-fire.

And to that end, we can’t simply blame Dawson herself – as much as she is and always has been part of the problem. Much of that lies on MPs themselves, who created the regime, wrote rules that don’t include ethics guidelines, and when presented with the litany of problems with the legislation, shrug and make minor tweaks without addressing the big stuff. And it happens constantly, so when imagined scandals happen, they can scream and rail that just following the rules isn’t good enough, but that the alleged transgressor must have known better and should have exceeded them. Never mind that it’s a nonsense frame to put around issues, but these are also the same rules that those MPs put into place. Saying that the rules they created for themselves aren’t good enough is galling, and one has to constantly ask why they didn’t create rules that were good enough in the first place if they knew that there were problems – and yes, they did know, because Dawson herself identified them. It’s childish politics, and just manages to make a farce out of their feigned outrage (not surprisingly).

Meanwhile, Conacher managed to get a whole piece out of the Star by complaining that the government is wrong in saying there aren’t enough qualified candidates for the Ethics and Lobbying Commissioner positions because he applied for the Lobbying Commissioner position and hasn’t been chosen. Err, that may be a reflection on you, Duff, and this exercise in your ego may be part of the reason why you’re not chosen.

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Roundup: Let’s not lobotomize the GG

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There have been so, so many bad takes on the whole issue of Her Excellency Julie Payette’s speech to scientists last week, but there’s one published by the National Post yesterday that was so terrible, that Paul Wells’ incredulous reaction is something that matches my own. Fraser Valley University history professor Barbara Messamore writes that Julie Payette should be a scripted automaton because that’s the role that Governors General are expected to be.

https://twitter.com/inklesspw/status/927609104054370304

No. Absolutely not.

This is the kind of thing that drives me completely insane. This constant need to keep politics as tightly scripted and lifeless as possible is part of what is killing our democracy, and it’s telling that so many people flocked to the unscripted (and unhinged) Donald Trump because of his “authenticity.” And to demand this of a vice-regal position is completely overkill. I also continue to boggle at the number of pundits who think that Payette somehow was commenting on live issues under debate. I’ve asked, and yet no one can point to where any of our mainstream parties are denying climate change, or who support creationism in our school curricula. They don’t exist in Canada, which is why the insistence that these are somehow issues under debate is baffling.

But beyond that, I find it unfathomable that we would want brilliant and accomplished individuals for the role, given the immense power at their disposal (should they choose to set off a constitutional crisis to exercise most of it), or the tough decisions that may be asked of them in any number of post-election scenarios, while we simultaneously demand that they be utterly vacuous so as not to cause problems. But while Payette may have rankled the delicate sensibilities of some, she also did not cross a partisan line which is what matters in this situation. Why we should force her to lobotomise herself for the sake of smiling and waving and mouthing beige platitudes makes no sense. If that’s what we want, then why not simply put some bilingual starlet in the role so that she can look good in photos and can smile and wave to her heart’s content? Why bother looking for someone accomplished if we’re not going to let them speak or exercise the judgment that we ask of them when it counts? If we let Payette continue to go unscripted, could she make a mistake? Maybe. She’s human. But it keeps her authentic and the reflection of her true self and intellect, and that to me is far more important than the fact that she may bruise a few feelings from time to time. We’re grown-ups. We should be able to handle the odd bump, and it’s far better than the alternative.

Meanwhile, Michael Coren defends Her Excellency’s “mocking” of religion from his own religious perspective, and he calls out the Conservatives’ attempts to make political hay out of this, which he deems akin to “prayer abuse” – something refreshing amidst days of fainting couches and clutched pearls.

 

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