In the wake of yesterday’s big pipeline announcement, it remained to be seen if that would finally knock the fundraising questions off of the agenda. Rona Ambrose led off, lamenting that saying no to the Northern Gateway robbed hope and opportunity from 31 Aboriginal communities who had an equity stake in the project. Justin Trudeau noted that his government did what the previous one could not, and they would protect the environment while still growing the economy. Ambrose went or another round of the same, and Trudeau shot back that they we flailing about for something to talk about. Ambrose worried that Trudeau didn’t have a plan to deal with the Trumpocalyse (not her word) particularly with their tax plans, and Trudeau reminded her that they would engage constructively while working to diversify Canada’s trade markets. Ambrose then wondered when Trudeau would head to BC to get pipeline opponents onside, and Trudeau insisted that he was going about things the right way. Ambrose pivoted to CBC’s proposal to go ad-free for a bigger subsidy, and Trudeau replied that her party didn’t understand cultural industries and their importance. Thomas Mulcair was up next, and raised the issue of 59 First Nations opposed Kinder Morgan. Trudeau said that there were groups on all sides and that the balanced the various interests to make a decision. Mulcair switched to French to lament that the decision was done with Stephen Harper’s process, and Trudeau reminded him of their work with the provinces, particularly with new climate plans. Mulcair moved onto the appeal of a Manitoba case involving First Nations survivors, and Trudeau mouthed some platitudes about working together to move ahead in the relationship. Mulcair’s final question was on electoral reform, demanding that Trudeau keep his election promise, and Trudeau replied that he awaited the committee report and the consultations with Canadians.
Tag Archives: Auditor General
Roundup: Two yays and a nay
The government announced its decisions on three pipelines yesterday – no to Northern Gateway (and a tanker ban on the north coast of BC was also reaffirmed), but yes to Kinder Morgan expansion and Line 3 to the United States. There are a lot of people not happy on either side – the Conservatives are upset that Northern Gateway also didn’t get approved, saying this was just a political decision, and the NDP and Greens (and the mayor of Vancouver) unhappy about the Kinder Morgan announcement, Elizabeth May going so far as to say that she’s willing to go to jail for protesting it.
First, the Government has approved the Trans Mountain Expansion Project, which would triple capacity & create 15,000 new, middle class jobs.
— Justin Trudeau (@JustinTrudeau) November 29, 2016
Second, the Line 3 replacement from Hardisty, AB to Gretna, MB is approved. A much-needed project to create jobs & renew infrastructure.
— Justin Trudeau (@JustinTrudeau) November 29, 2016
Fourth – as promised, we'll impose a moratorium on crude oil shipping on BC’s North Coast. Legislation on this will come shortly.
— Justin Trudeau (@JustinTrudeau) November 29, 2016
We’ve always been clear in our position that strong resource development goes hand in hand with strong environmental protection.
— Justin Trudeau (@JustinTrudeau) November 29, 2016
Our challenge? Use today’s wealth to create tomorrow's opportunity – and a better world for our kids. Full details: https://t.co/gshdraqHNU
— Justin Trudeau (@JustinTrudeau) November 29, 2016
Crude oil #moratorium: Prohibiting tankers carrying crude/persistent oil prods from entering or leaving N #BC ports https://t.co/OlAqbrGGQi pic.twitter.com/Ak4s4hoPbr
— Transport Canada (@Transport_gc) November 29, 2016
From @terrybeech : pic.twitter.com/K71ltomAuP
— Althia Raj (@althiaraj) November 29, 2016
None of this should be a surprise to anyone, as Trudeau has pretty much telegraphed these plans for weeks, if not months. And as for the critics, well, Robyn Urback makes the point that I do believe that Trudeau was going for:
Trudeau's pipeline announcement has pissed off everyone *just* enough that I think he hit the right note. Maybe?
— Robyn Urback (@RobynUrback) November 29, 2016
In fact, Trudeau said as much yesterday in QP when he noted that they were sitting between a party demanding blanket approvals on everything, and another party opposed to approving anything, so that was where he preferred to be. He’s spending some political capital on this decision, including with some of his own caucus members who are not fans of the Kinder Morgan expansion, but he has some to spare, so we’ll see whether he’s picked up any support in the west, or lost any on the west coast when this all blows over.
Roundup: Policy or privilege?
Yesterday after QP, NDP trade critic Tracey Ramsey raised a question of privilege in the Commons, claiming that the tabling of CETA implementing legislation was contrary to the rules, not only because it didn’t follow the 2008 departmental policy on tabling treaties which lays out that 21 sitting days be given before introducing any such bills, and because it didn’t contain any explanatory memorandum.
They key phrase to remember in there is that it’s a departmental policy and not a standing order or other rule of the House of Commons, which means that this point of privilege is pretty much doomed to fail – and this was pretty much Bardish Chagger’s brief submission to the Speaker in advance of a more robust response to come at a later date. I would add that while Ramsey says that it’s unfair that Parliamentarians have to digest all 1700 pages of the treaty on their own without these explanatory memoranda, it’s not like these details have been in the dark. The text of the agreement has largely been available for a year now at least, which is a lot of time for the parties to do their research on the agreement, and yes, this is why they have research budgets and staff who can assist with these sorts of things. And it also sounds a bit like the opposition is complaining that the government isn’t doing their homework for them. Maybe I’m wrong, but that would certainly fit with the trend that has developed across the board in the House of Commons – that MPs expect everyone else to do that homework on their behalf, whether it’s the Parliamentary Budget Officer, the Auditor General, or any other Officer of Parliament.
I would also add that many of the changes that the Conservatives made policy-wise to things like treaties and military deployments were done under the illusion of giving the House of Commons a greater role to play when many of these matters are actually Crown prerogatives that they were looking for political cover in exercising, or in partisan gamesmanship designed to divide the opposition. I’m not sure how much this particular 2008 policy is a reflection of that Conservative mindset, but if the way the government went about this was a more traditional exercise of prerogative powers, then that’s all the more reason for them to do so, rather than to continue to indulge some of the bad habits that the Conservatives put in for their own purposes.
Roundup: The AG’s disastrous advice
The Senate’s internal economy committee is signalling that they are looking into setting up an independent audit committee, and my alarm bells are going off so hard right now because if they follow the path that the Auditor General wants them to go down, then they are risking serious damage to our entire parliamentary system. And no, I’m not even exaggerating a little bit. You see, Michael Ferguson wants to ensure that if there are any senators on this independent committee, that they are in the minority and not in a position to chair it, because that would mean they’re still writing their own rules. And the answer to that is of course they’re writing their own rules. They’re Parliament. Parliament is self-governing. In fact, it’s not only ignorant but dangerous to insist that we subject our parliamentarians to some kind of external authority because that blows parliamentary privilege out of the water. If you don’t think that Parliament should be self-governing, then let’s just hand power back to the Queen and say “thank you very much, your Majesty, but after 168 years, we’ve decided that Responsible Government just isn’t for us.” So no, let’s not do that, thanks. And it’s not to say that there shouldn’t be an audit committee, and Senator Elaine McCoy has suggested one patterned on the one used in the House of Lords, which would be five members – three senators, plus an auditor and someone like a retired judge to adjudicate disputes, but the Senate still maintains control because Parliament is self-governing. It allows outsiders into the process to ensure that there is greater independence and which the senators on the committee would ignore at their peril, but the Senate must still control the process. Anything less is an affront to our democracy and to Responsible Government, and I cannot stress this point enough. Ferguson is completely wrong on this one, and senators and the media need to wake up to this fact before we really do something to damage our parliamentary institutions irreparably (worse than we’re already doing).
Roundup: Talking out the clock needlessly
As you may have heard, Conservative MPs refused to let debate collapse on Mauril Bélanger’s national anthem bill yesterday, not allowing it to come up for a vote as had been hoped in order to fast-track the bill through the process owing to Bélanger’s condition. While this has been described as a “filibuster,” it’s not quite, but it was dickish behaviour, make no mistake – particularly the fact that all of the Conservative MPs were making the same points over and over again rather than offering any new criticism of the bill (with such novel excuses that it would be a slippery slope – references to God would be next in line, and woe be the age of political correctness, and so on). As a quick explanation, private members’ business cannot be filibustered because it is all automatically time allocated. Under the standing orders, each private members’ bill or motion gets two hours of debate – each hour separated by the precedence list of 30 items, meaning about six sitting weeks – before it goes to a vote. If bills pass the second reading vote, they go to committee for a couple of hours of study before they get another two hours of debate at report stage and third reading (again, separated by the precedence list of 30 items), and then they head to the Senate, where there is no time allocation and they will often get more scrutiny – particularly at committee – but government business taking priority means that they can sometimes languish there for months. In this particular case, there was a hope that debate could collapse and there would be no need for a second hour of debate, but they also requested that they could go straight into the second hour, but the Conservatives denied consent to do so. After all, they had planes to catch back to their ridings. If Bélanger’s health deteriorates further and he is forced to resign his seat – and he did come to the debate directly from the hospital – then it would be possible for another MP to take on the bill in his stead, but that tends to require unanimous consent, and if the Conservatives continue to want to be dickish about this, then they can deny it and the bill will die without its sponsor present. And because this is a private members’ bill, no other MP can launch a similar bill in this parliament, since there are rules around debating the same bill twice. The danger for those Conservatives, however, is that the Liberals can turn around and put it into a government bill and put it through the process that way, which gives them all manner of other tools to use to push it through – particularly on the Senate side. And while nobody is arguing that the bill should pass just because of Bélanger’s health, the argument is that it should have come to a vote so that it could pass or fail at second reading. While Conservatives argue that they have a right to talk out the clock, the fact that they kept repeating themselves is a sign that this was a dilatory tactic and designed to be dickish, which is what has enraged a number of Bélanger’s supporters. And really, it’s unnecessary because it looks like they’re bullying a dying man, and no good can come of it. We’ll see if anyone is willing to trade their upcoming slot in the Order of Precedence to move Bélanger’s second hour of debate up so the vote can be accelerated, but it shouldn’t have been necessary.
Roundup: Making up titles
Senator Peter Harder made it official yesterday – the announcement of a Deputy Leader and Whip – err, sorry, “deputy government representative” and “government liaison” as he wants them styled, and it erupted in a bit of a fight in the Chamber that he can’t just make up names for people because the Parliament of Canada Act doesn’t work that way. I also have concerns with the job descriptions that Harder has given them (and these were provided to me from a Senator).
For his deputy, Senator Bellemare:
Assists the Government’s Representative to process the legislation coming from the House of Commons (government, private members’ bills and government bills in the Senate) in a transparent, impartial, constructive and non-partisan manner;
In the context of an evolving modernized Senate, assists the Government’s Representative so that all bills (including bills coming from Senators) receive a fair and non-partisan treatment;
Assists the Government’s representative to provide Canadians with a clear understanding of the treatment by the Senate of the bills coming from the House of Commons;
Assist the Government’s Representative in the Chamber, to make sure that due process is provided to Government legislation and all other bills and businesses,
Follow the legislative work of Committees,
Assist Committees to provide more substantive reports on their specific study of bills,
Assist informally Senators with rules and procedures.
And for his whip – err, “liaison,” Senator Mitchell:
It is the role of the Government’s Representative group in the Senate to facilitate the passing of government legislation and to contribute to the effective functioning of the Senate in a non-partisan and open way. The Government Liaison position will be responsible for administrative and management roles and for liaison with all Senators. Specific responsibilities will include:
-Working with the caucuses’ Whips and with independent Senators to help organize the business of the Senate, including, for example, the coordination of Senate Committee placements;
-Supporting sponsors of bills by ensuring that they receive the required input, briefings, and material from Ministers and government officials to present bills effectively;
-Assisting sponsors of bills to identify and deal with the issues and concerns raised by Senators in the debate and review of legislation.
The Government Liaison will exercise these responsibilities in a collaborative and non-partisan fashion.
The problem with these descriptions is that they are largely comprised of buzzwords. Throwing around terms like “due process” and “non-partisan” is hard to square with the fact that these are government representatives, and government is inherently partisan. While I can grudgingly agree that having a Deputy makes some sense out of pure logistics, the “liaison” role is largely nonsense. The existence of the Independent Working Group means that there was no need to have a Whip to organise committee assignments for non-aligned senators, and senators are grown-ups and should be able to arrange getting materials from Ministers and government officials. They have phones and emails, and assistants who can make arrangements. And “assisting sponsors of bills to identify and deal with issues and concerns,” which purported will including helping senators draft amendments? Again, they’re grown ups who can do their own jobs and talk to the Law Clerk if they need to. Aside from bigfooting the Independent Working Group – and making this move without consulting them – what is most striking is that Harder made this move for largely the sake of optics – he wanted both a Conservative and a Liberal by his side to make a big show of being bi-partisan, even though the role he gave Mitchell is ludicrous, and heaven forbid that Harder just have Bellemare by his side, because that would give the impression that he is really a Liberal, and he couldn’t have that. So instead Harder is making things worse for everyone with this particular move, angering both the Conservatives and the Senate Liberals, while still acting outside of the Parliament of Canada Act and the Senate Rules. It’s undermines his credibility, the work of the independents at pushing for meaningful reform, and is going to make getting anything accomplished in the Senate difficult for the foreseeable future.
QP: What AG report?
Tuesday QP, and with the Auditor General’s report out, there was the possibility of some juicy questions. Then again, given that most of what he examined happened under the Conservatives’ watch, their questions may not be as juicy. Rona Ambrose, mini-lectern on neighbouring desk, led off by referencing Morneau’s flippant “stuck on the balanced budget” thing, but in her framing of Trudeau being absent the day before, Trudeau first praised the Invictus Games, before pivoting to praising his government’s plan for the middle class. Ambrose asked a philosophical question about whose money Trudeau thought it was spending, and he retorted with rhetorical questions about whether it was reckless and irresponsible to lower taxes on the middle class. Ambrose lamented that the increased spending has to be paid back, and Trudeau parried by noting how much the previous government increased the federal debt. Denis Lebel took over in French, and Trudeau listed the many infrastructure and transit projects committed to in places like Montreal and Edmonton. Lebel insisted that the Conservatives we respecting provincial jurisdiction while balancing the budget, but Trudeau returned to Harper’s debt figure. Thomas Mulcair led off for the NDP, thundering about diafiltred milk and support for dairy farmers. Trudeau responded that they are engaging with the dairy sector, and that they are protecting the industry and Supply Management. Mulcair demanded an investigation into KPMG’s activities, but Trudeau insisted there was no favouritism by CRA. Mulcair demanded again in English, Trudeau replied again in English, and for his final question, demanded action on climate change. Trudeau reminded him that he was once environment minister in Quebec and didn’t get progress on the Kyoto Accords, and that the current government was committed to meeting more stringent targets.
New AG report out today, and it doesn't come up once in the leaders' round. So there's that. #QP
— Dale Smith (@journo_dale) May 3, 2016
Roundup: Expenses arbitration comes back
At long last, former Supreme Court Justice Ian Binnie’s report on his arbitration of Senate expenses was released yesterday, and it should come as no surprise to anyone paying attention that the amounts that many of those senators owed was slashed by a considerable amount. (For others, not so much, but we’ll get to that in a moment). Why? Because in the course of his audit, the Auditor General and his staff made a series of value judgments as part of their report, particularly in instances where senators added personal businesses to Senate-related travel, or when spouses travelled with them. Binnie re-evaluated those claims with more information and a broader mindset and found that indeed, many of those claims were actually reasonable, and he let them go through, cutting the demanded repayments significantly in many cases. In other cases, notably Senator Colin Kenny, he remained unconvinced and ordered them to make their repayments with little or no reductions in the amounts owing. After saying that he wasn’t hired to look into motives of these Senators, he did admit that he felt that for the most part, nobody was actively trying to game the system, but that there were some disagreements in how rules were applied. An interesting turn of events is the fact that Senator Dagenais plans to launch a complaint against the AG for the way in which the audit was conducted, which has most pundits and journalists aghast, because they like to think that the AG can do no wrong (when that is obviously not the case, particularly if one starts digging into some of the value judgments made in the Senate audit). The AG’s response to Binnie’s report was that he thinks that the Senate still needs to follow up on all of his recommendations, including the external oversight body, but I will again raise the point that an external body is a violation of parliamentary privilege, and that the institution needs to be self-governing. This is not a technocracy, and the suggestions by some of an audit committee that is still majority Senate-controlled is a far more acceptable solution. The other bit of interest was the way in which he, intentionally or otherwise, blew holes in the defence offered by Mike Duffy’s lawyers, that the Senate was this lawless and inscrutable place that would have anyone confused. Nonsense, said Binnie – there were rules that mostly required a bit of common sense in their application. One wonders if this is something that Justice Vaillancourt will take note of as he deliberates on Duffy’s fate.
Senator Dagenais’ plan to file a complaint about the Auditor General is an interesting turn of events. #SenCA pic.twitter.com/pbD6kKvu1v
— Dale Smith (@journo_dale) March 21, 2016
Roundup: Overwrought defences
Plenty of developments in the Senate yesterday, all of them resignation related. Manitoba Senator Maria Chaput resigned due to health concerns, Conservative Senator Irving Gerstein has reached his mandatory retirement age, and Senate Liberal Senator Pierrette Ringuette has resigned from the Senate Liberal caucus to sit as an Independent. As part of the tributes to Gerstein, there were some overwrought statements on the Conservative side about the value of political fundraisers, and I will say that I’m not one of those people who has a kneejerk reaction to fundraisers who get appointed to the Senate. Why? Because these are people who interact with the voters as much as MPs do, and have a pretty good sense of what their issues are (if only to exploit them for political gain). It’s like being aghast that there’s politics in politics. Granted, the tone out of the Conservative Senate caucus these days of “See! There’s nothing wrong with being partisan!” isn’t helping their case any, but on a fundamental level they’re right. They just need to tone it down from an eleven to a two or a three. As for Ringuette, I will note that the fetishised tones being used to describe the “desire for an independent Senate” are as equally overwrought as the Conservatives’ defence of partisanship. I was particularly struck by Ringuette going on Power & Politics and declaring that there’s nothing in the constitution that says that the Senate has to be a partisan body, therefore she and others of that mindset feel that there’s no role for partisanship. Where that argument falls apart is that it’s right in the preamble of the constitution itself – that Canada has a political system like that of the United Kingdom, and last I checked, its upper chamber was also a partisan body (and no, this isn’t an invitation to compare the Senate to the House of Lords, because they are very different institutions, but the principle of the upper chamber remains). People who insist that something isn’t in the constitution (*cough*Elizabeth May*cough*) ignore the unwritten parts of it, which are just as valid as the written parts, and it’s not an adequate defence for how they imagine institutions to function. So while it’s good on Ringuette to want to go her own way, I do think that the conversation around independent senators is still in its early stages, and I have no doubt that there are plenty of surprises on the way.
QP: A strategic blunder in questioning
Tuesday, and with the Auditor General’s report now on the table, there promised to be more than a few questions about some of his scathing findings. Rona Ambrose was ready, mini-lectern on desk, she read a question about Trudeau telling resource sector workers to “wait it out,” and concern trolled about a national carbon tax plan — you know, one that doesn’t exist. Trudeau reminded her that her government made things worse for Albertans after ten years in power. Ambrose asked again in French, and Trudeau told her that a responsible economy meant being responsible about the environment. Ambrose then called the bill repealing those anti-union bills “payback,” to which Trudeau reminded her that their first piece of legislation was actually lowering taxes. Gérard Deltell took over, asking again in French, to which Trudeau insisted that they rectified the situation when they learned about the illegal donations. Deltell took a swipe at unions, but Trudeau shrugged it off. David Christopherson led off for the NDP, demanding that they fix the items highlighted in the Auditor General’s report. Trudeau said that they were alarmed and were working to repair the damage of the last government. Christopherson demanded proof of commitment, and Trudeau insisted that unlike the previous government, they did more than just make announcements. Brigitte Sansoucy took over to ask again in French, particularly around the Social Security Tribunal, to which Jean-Yves Duclos let her know that he met with the AG and he would do everything in his power to fix the situation. Sansoucy raised the AG report on export controls, to which Ralph Goodale insisted that they intend to follow his advice and that they were implementing an action plan.