Conservative Senator Thomas McInnis, chair of the new modernisation committee, took to the op-ed pages of the Chronicle Herald to talk about just that – their process of modernising the Upper Chamber by non-constitutional means. While much of the op-ed is pretty standard stuff, he did say a couple of things that intrigued me, so I’ll make brief mention of them. First is that as they contemplate changes and incorporating the increasing number of independent senators, that they need to recognise that since the Senate is not a confidence chamber, it doesn’t need to organise itself on party lines in the same way that the Commons does. This is an important point, because as much as it is an important concept to have a government and opposition side in our Westminster system of government, the role of the Senate means that it doesn’t need to hew as closely to that model. Now, I do still think that the Government Leader in the Senate should have remained a cabinet minister for the sake of there being someone who can answer for the government in the chamber, as well as to properly shepherd government legislation through the Chamber (the minister-in-all-but-name model that Harper used for Claude Carignan was very much a poor idea that limited the exercise of Responsible Government), the fact that the Senate is not a confidence chamber does blunt my criticisms to an extent. McInnis also dropped hints about one of the modernisation committee’s goals being to strengthen the role of being an “effective” representative for regions and provinces. This is interesting because I do wonder if it means that there will be a push to form regional caucuses within the Senate, as is occasionally brought up. I’m not sure how it would really work – essentially having four or five party-like structures (Ontairo, Quebec, the Maritimes, and the West each being 24-seat regional divisions, plus the additional six seats for Newfoundland and Labrador and one each for the territories could either fold into one of the other regional caucuses or forming a caucus of their own), and how they would then translate that into the committee memberships and so on, but it is an idea that has been mentioned before, so we’ll see what kind of appetite there is for it, or if the new Independent Working Group will hold more sway in terms of keeping the current structure but giving more power to independent senators for committee memberships and the like. With there being no opposition MPs from the whole of the Atlantic provinces, this is where the Senate’s regional role becomes more important – and they have been flexing those muscles when ministers have appeared before them in the new Question Period format – but it remains to be seen how this will translate into workable reforms. Suffice to say, these are conversations that are being had, and we’ll see what the committee reports back in the weeks ahead.
Tag Archives: Budget 2016
Roundup: Slight mandate confusion
The effort to turn the delay in André Pratte’s formal Senate appointment while he finalizes the purchase of property in the right Quebec senatorial district into some kind of controversy continues to be weak sauce, but it did expose a bit of a schism between what the advisory board believes their job to be – finding names to be recommended, leaving the PMO to do the final vetting – and the PMO’s communication around their expectations – that the board should only recommend qualified persons (which, let’s be honest, is a little bit of buck-passing). I’ve seen what purports to be the application form, and it did have the seven vacant districts listed, but that doesn’t mean that Pratte filled that form out as a self-applicant, but may have been approached, which could be why the issue of property was not entirely sorted before he was recommended. Regardless, it remains a bit of a damp squib in terms of a controversy or conspiracy, as Conservative MP Scott Reid would have us believe. Does this mean that there will likely be more vetting the next time around? Probably. Is this a fatal blow to the process? Hardly. Growing pains at the very least, which is why they had the interim process that generated these seven names first, so that they could work the bugs out of the system. That said, I will repeat Emmett Macfarlane’s note that the bigger problem with this process is people applying. That way is almost certainly the way that madness lies, as every egomaniac and self-professed “top minds” in their field will apply (and I know of at least one person who is wholly unqualified but believes himself to be who is trying to get support for a self-nominated Senate application). This should be a process where people are identified and nominated by others in recognition for a lifetime of good work, not a means of ego-stroking and self-congratulation without having to go through the rabble of the electoral process. It defeats the whole point of the Senate as being a place where people who would not otherwise seek office can be given an opportunity to contribute. If you are seeking a Senate appointment, your motives should be immediately considered suspect, and should almost certainly be disqualifying. After all, did we learn nothing from Mike Duffy’s decades-long campaign to get himself appointed? Let’s not do that again.
https://twitter.com/emmmacfarlane/status/713744433011953666
https://twitter.com/emmmacfarlane/status/713746943277735936
Roundup: Scott Reid’s Senate conspiracy
There is a certain level of obtuseness that eventually has one seeing conspiracies where none exist. I am forced to conclude that Conservative MP Scott Reid has reached said level in his QP performance yesterday, with regards to the Senate appointment process, and in particular how it applied to future senator André Pratte, and his holding property in the designated Quebec senatorial district that he is due to represent. Pratte has not yet purchased property in that district, and thus, his swearing-in will be delayed until it happens. Reid, however, sees collusion and conspiracy in this. In QP, he phrased it as such:
If Mr. Pratte was on the list, the Quebec board has broken its requirements to only nominate qualified persons. If any of the seven was not on the lists, then the prime minister has broken his promise to rely upon independent advice. And if there was any communications between the prime minister and the advisory board to smooth out these wrinkles, then talk of the advisory board being independent is a farce. One of these three scenarios is what actually happened. Which one is it?
It’s not surprising that Maryam Monsef evaded in her answer, because the question is wholly unreasonable. The qualifications for appointment mirrored the constitutional requirement, but because Pratte has not been sworn in yet, the district question is not yet triggered – he has time to hold the property in that district until he is sworn in. The independent board very likely identified him as otherwise qualified, and asked him about his ability to purchase property in the identified district when he was contacted as part of the process. Pratte himself told the media that he was contacted by the committee and submitted a kind of form to say why he felt he was qualified to them. There is no indication that the Prime Minister had any part in that, and if Pratte says that he was contacted by the Board, it’s quite obvious that he would have been on their short list submitted to the PM. And if the Board recommended him and said “He’s working on the property requirement in the district we’re slotting him into,” that is not collusion or making a farce of their independence – it’s being reasonable with regards to the Quebec requirements. If the Board had to limit their search to qualified candidates who already owned property in said district, it would have needlessly limited them for something that has been common practice for Quebec senators for over a century. That Reid is trying to make a conspiracy out of this is galling, particularly when you consider the issues of other Senators that Harper appointed who had residency issues upon appointment – Mike Duffy, Carolyn Stewart Olsen, Dennis Patterson, and possibly even Pamela Wallin. They were sworn in before they had their own residency issues sorted, Pratte has not been. One shouldn’t be surprised, considering that Reid has been similarly obtuse in his reading of the Supreme Court reference decision on Senate reform, and his demands that short lists be made public (despite the fact that they are not for any other Governor-in-Council appointment). It would be one thing if Reid were simply doing is duty in holding government to account, except that this isn’t it. This is inventing accusations out of whole cloth, and he should know better.
QP: Easter Theatre
It was Friday-on-a-Thursday QP in the Commons, in advance of the two-week Easter break. Justin Trudeau was away, as were many ministers, starting to fan out across the country to sell the budget to Canadians, but Bill Morneau was present, and expects to be the star of the show. Rona Ambrose led off, mini-lectern on neighbouring desk, and she railed about the “betrayal” of the middle class. Morneau insisted that there were plenty of measures to help families. Ambrose bemoaned the size of the deficit, and Morneau returned with a dig about the previous decade of low growth. Ambrose asked which taxes the government planned to raise, but Morneau didn’t bite, praising the measures therein instead. Denis Lebel took over, lamenting the lack of a plan to balance the budget. Morneau praised the plan to grow the middle class. Lebel closed by repeating the question on the size of the deficit, but got the same response. Thomas Mulcair was up next, recalling Air Canada breaking the law regarding their maintenance contracts, and now the government was retroactively changing that law. Marc Garneau responded that the situation had evolved, and Air Canada had made new commitments to create new jobs in Quebec and Manitoba. Mulcair read some condemnation that the deal was “Orwellian,” and that the Liberals were letting the rich get off the hook, but Garneau repeated his answer about changing situations and competitiveness. Mulcair thundered about the government not respecting a Human Rights Tribunal on equal investment for First Nations children. Carolyn Bennett said that they were making investments, but the systems had to change as well. Mulcair then failed about a plan to outsource Shared Services jobs, but Judy Foote responded that the publicized report was from 2014, which they did not intend to follow.
Tom Mulcair straight yelling in question period like his job depends on it.
(Which it might)
— Paul McLeod (@pdmcleod) March 24, 2016
Roundup: Smart, engaged, and too free for comfort
It’s not the first piece that raises these questions, and I’m sure it won’t be the last, but I am starting to become a bit weary of the constant think-pieces that considers it a terrible woe that Justin Trudeau is putting smart and accomplished people in the Senate without the yoke of party discipline to constrain them. And lo, Chris Waddell’s over on iPolitics raises many of these same questions, worried about the lack of a democratic mandate (hint: It’s something called Responsible Government) and being fuzzy on the way the Senate actually operates.
Do Canadians want a more activist Senate composed of people who, while accomplished, have no democratic mandate to act? Do we want to see anyone who was not elected to office regularly rejecting or amending legislation passed by elected representatives? If so, on what basis should they do that? Their personal opinions? The views of others? If so, whose views?
In short, a) the democratic mandate comes from the constitution and our system of Responsible Government, where the government that holds the confidence of the Chamber can make such appointments and be responsible for making them; b) This fear that the Senate will suddenly start rejecting bills is nonsense. They’re aware of their role and the fact that they’re not elected, and they tend to exercise their powers with a little too much restraint if you ask me; c) They should do so on the basis of the constitution and whether it’s bad legislation. And yes, elected representatives do pass bad bills where Senators actually read them and find out that hey, it’s a bad bill and needs to be either amended, delayed, or outright stopped; d) Why does a party whip make the Senate rejecting or amending bills any more legitimate than if they do so on the basis of their lifetime of expertise in a given field or based on concerns that aren’t related to whether it’ll get them elected the next time around? Because seriously, that’s part of what “sober” in “sober second thought” means – having a more critical eye that isn’t just about trying to appease the public for short-term electoral gain when there could be bigger things at stake.
Senators don’t just review legislation. They can introduce bills as well — but without a party infrastructure to push such bills through the Senate and then get the attention of the Commons, how many of those bills will be debated in the House, let alone passed?
Yes, they can introduce bills, but they tend to introduce very few, and even fewer of them get very far because they are at the bottom of the list of the Senate’s priorities. And they can get into the Commons by the very same process they do right now – an MP sponsors it, and it goes through on the Order of Precedence. Party infrastructure has nothing to do with it (though the Conservatives did try some shenanigans by all signing up to sponsor Liberal Senate bills in the hopes of delaying and killing them, only to attach their names to bills that were never going anywhere and could backfire on said MPs in that it looked like they were putting their names behind things like stopping the seal hunt, which is political poison). Senate bills are considered Private Members’ Business. This isn’t rocket science.
Once appointed, senators can self-identify the issues they want to pursue in office. Simply by doing that, they make travel costs and expenses incurred in pursuit of those issues Senate business — expenses they can claim, in other words. But those issues are never earmarked by elected officials — so what makes them important enough to be paid for by taxpayers?
Despite the attention paid to Senators’ expenses of late, I’m not overly moved by this line of concern. Without electoral constituencies to concern themselves with, Senators adopt causes, and those causes usually wind up being reflected in committee studies, bills, and reports. And as we’ve found, from both Justice Binnie’s report and the Duffy trial, there are questions raised when Senators start claiming anything as “Senate business,” and yes, there is much more transparency now than there was before, and more rules and reporting yet to come.
Perhaps the fact that we lack answers to these questions of substance is the reason why the Trudeau government has passed just one bill through the Commons for Senate consideration in the five months since it was elected — legislation tabled last December giving it the authority to spend money.
Nope. Nope, nope, nope. This is utterly specious. The government has only passed one bill because they’ve only introduced seven thus far, and are taking them one at a time. That bill was spending estimates, and it had to go through, and lo, the Senate found that the Commons ballsed it up by sending an incomplete bill to them, missing the actual spending schedules. You know, doing their job of oversight when MPs couldn’t be bothered as they passed it at all stages in the span of a few minutes. So if anything, it’s a sign that the Senate is necessary and doing their jobs. Can we please stop this insistence that the only way we want smart and engaged people to have a hand in the parliamentary process is if it’s under the whip? The Senate isn’t a confidence chamber. The pundit class should know these basic facts.
Roundup: A surprisingly packed budget
And that was the budget. It was full of interesting things, but you wouldn’t know it based on the fact that absolutely everybody was fixated on the deficit figure, and barely even that it was built on a super cautious, pessimistic framework that basically presented a worst-case scenario in terms of assumptions, meaning that the only place it really could go was up, and yes, if the economy grows enough, then the budget will start to balance itself. The child benefit changes are the big news, and as for reaction, the Conservatives call the budget a “nightmare” while the NDP rail about all of the promises that it didn’t keep (because everything should have happened immediately).
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
QP: Not taking the budget bait
The day before budget day, and the Commons was not as full as it could or should be. Rona Ambrose led off, her mini-lectern on Andrew Scheer’s desk as it often is these days, and she read some concern about her supposition about the budget. Justin Trudeau insisted that they had a plan, and that the previous government didn’t get the job done. Ambrose tried to retort that they had the best job creation record in the G7, then turned a lament about raising taxes. Trudeau reminded her of the debt-to-GDP ratio. Ambrose insisted that investment has “fallen off the cliff” since the election, but Trudeau responded that economists said that this was the time to invest. Denis Lebel took over to ask about public confidence in the economy, which Trudeau reiterated their investment promises, and Lebel lamented the state of the forestry industry as an example of a measure needed in the budget, but Trudeau didn’t bite, and told him to wait for the budget. Thomas Mulcair was up for the NDP, and decried Bombardier’s plan to outsource some jobs, and demanded the protection of jobs in Canada. Trudeau agreed that they wanted to protect good jobs, which was why they were taking the time to assess Bombardier’s proposal. Mulcair demanded commitments on EI, for which Trudeau reminded him that they made commitments in their platform and they would keep that promise in the budget. Mulcair switched to English and lamented the conditions on First Nations reserves, for which Trudeau yet again reminded him that they made promises to renew the relationship, and that the budget would contain historic investment. For his final question, Trudeau asked about a family where the children were kidnapped to Kurdistan. Trudeau insisted that the return of those children were a high priority.
Roundup: Process questions and straw men
Because it was making the rounds yet again on the Sunday morning politics shows, I figured I should reiterate a few points, plus make a couple of new ones, concerning the new Senate appointments, and the role of the new “government representative.” The first point is that yes, the Senate is going to have to change a few of its rules, and that is a process that has already started and probably won’t be concluded for a few more weeks or months. That we have a name and a face to go with this new role may accelerate the process rather than it being nebulous with Dominic LeBlanc and Maryam Monsef just shrugging and declaring that they were confident that the Senate could work it out. With Peter Harder now in the picture, with an idea about how he wants to tackle his role, there is something a little more concrete in terms of how he wants to shape the new rules to suit his purposes. His budget as “government representative” as opposed to Leader of the Government in the Senate is also up for some debate, particularly within the Internal Economy Committee, just as they are going to have to take up what to do with the new “Independent working-group” and how they want to organise and style themselves so as to give a voice to the independent senators who are currently being frozen out of decision-making processes. (This goes as well for the Rules Committee, which has already been undertaking the question of how to better allow independent senators onto committees, as that process is mostly done behind closed doors by the caucus whips). Harder’s decision to remain officially an independent while taking on this role does complicate things, but nothing is so difficult that it cannot be solved with a little more diligence, and hopefully it won’t be too impeded by some of the more partisan senators on either side of the aisle whose feelings have been bruised by the talk of independence being an improvement on the way the Senate operates. The final point is this constant concern trolling that somehow the budget won’t get passed, or that the government won’t be able to get its agenda through if nobody is there to crack the whip. It’s a lot of specious reasoning predicated on a number of straw men, ignorant of history and civic literacy. Apparently every time the governing party in the Senate was in the minority there was some kind of constitutional crisis, which is false, and no, budgets were not held up or defeated. The Senate is very reluctant to stop any bill because they are aware of their democratic legitimacy (and yes, they do have it by virtue of Responsible Government so don’t even go there), and when they have defeated legislation, it is generally for good reason, such as constitutionality, the legislation being out of bounds, or the fact that the country was not on side with it, and it needed to be put to a test (such as with free trade in the 1980s). They have a job to do. I’m particularly galled at those concerned that the Senate is going to suddenly be empowered to use their constitutional veto powers if they are more independent and less beholden to the government of the day, never mind that the Senate has not abused its veto in decades. They were given those powers for a reason, and yes, sometimes elected legislators get things wrong and there needs to be a mechanism to stop their legislation. But this pearl-clutching about the new state of affairs really needs to stop.
Roundup: The first independent Senate appointments arrive
The big announcement came first thing yesterday morning – seven new senators are to be recommended, one of them to be the government’s “representative” in lieu of a caucus leader in the Senate. Some of the names appear to be good ones – that “representative” is former senior bureaucrat Peter Harder (who did lead Trudeau’s transition team when they formed government), plus Justice Murray Sinclair, editorialist André Pratte and Paralympian Chantal Petitclerc, among others. One of them is a former NDP minister in Ontario. Harder used to be a Progressive Conservative staffer, before transitioning to the civil service. There don’t seem to be any obvious Liberal patronage appointments in the bunch (i.e. party fundraisers or the like), and there does appear to be some semblance of merit-based appointments in here, as well as respect for gender and diversity.