Tag Archives: CETA

Roundup: Policy or privilege?

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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.

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QP: Wounded by your cynicism

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The Liberal front bench was pretty empty as QP got underway, and Thomas Mulcair was the only leader present today, for whatever the reason. Trudeau in particular had no real excuse as he was just at an event with students in the precinct just a couple of hours before. Candice Bergen led off for the Conservatives, lamenting the lack of new jobs produced by the previous budget. Scott a Brison responded, lamenting the lack of attention the Conservatives were paying to the international investment that they had drawn, such as Thompson Reuters and Amazon. Bergen moved onto fundraising issues and Bardish Chagger gave her usual “federal rules” replies. Bergen demanded the Ethics Commissioner police this issue (not really per place to, which is an issue), and Chagger repeated her response. Gérard Deltell lamented the lack of a date for a return to budgetary balance, but Brison reminded him of their middle class tax cuts and the Canada Child Benefit. Deltell then demanded to know which other tax credits the government planned to eliminate, but Brison dodged and praised their investments in economic growth. Thomas Mulcair was up next, demanding to know which electoral system that the Minister of Democratic Institutions favoured, but with Monsef absent, Brison praised their consultative process and to let the committee do its work. Mulcair decried that those statements undercut the committee’s work, and Brison lamented Mulcair’s cynicism. Mulcair then changed topics and demanded to know now how many journalists were being signed on at the federal level, Ralph Goodale said that the situation in Quebec wasn’t applicable to the federal level but he wouldn’t comment on any ongoing operations. Mulcair pressed, and Goodale reminded him that the Commission told a committee that the answer was zero.

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Roundup: Six more makes a full chamber

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The final six Senate appointments have been made, all from Québec, and all were very much in the same pattern that we’ve seen to date from this government – well qualified, certainly, but without much in the way of ideological diversity, and as of yet, no new openly LGBT senators (that are very much needed). There could very well be some selection bias at play here, which is part of why asking people to apply rather than seeking to nominate people continues to be a problem, and promises of transparency would mean some kind of a statistical breakdown of the short lists presented to the PM, but one doubts that will ever happen.

Now this all having been said, the performative outrage by a number of Conservative senators is getting to be really tiresome. I am also failing to see the logic in how appointing a bunch of partisans and telling them that they are to be whipped (which no, senators are not supposed to be) is somehow preferable and “transparent” than it is to appoint a number of ideological similar individuals who aren’t assigned a party label, nor are they being told that they’re subject to a whip. It really makes no sense, particularly when there are all manner of other perfectly legitimate criticisms that can be levelled at the nomination process and the pattern that has emerged from the appointments, but to insist that it’s all a “con job” is really, really rich. It’s bad if they all vote for the PM who appointed them if they are “independent,” but it’s a-okay to vote under an illegitimate whip by the PM who appointed them so long as it’s under a party banner? Huh? (Also, to correct Senator Housakos, nothing stops any of these new senators from joining a caucus of their choice).

Meanwhile, we’re going to get more grousing about committee slots and research budgets, but honestly, that’ll work itself out within a few weeks and bellyaching won’t actually help make the process work faster or better. There is also some grumbling right now that the current crop of independent senators haven’t managed to fill the two slots per committee they’ve been allotted as is, so why give them yet more seats? It will happen, but the rules don’t really allow committee reconstitution until a prorogation anyway, so I’m not sure why there’s such a rush. Better to let the process take the time it needs rather than going too fast and ballsing it up and creating room for unintended consequence.

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QP: A hyperbolic nightmare

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After yesterday’s fiscal update and everyone being revved up in the morning caucus meetings, it was close to a full house in the Commons for QP today with all leaders present. Rona Ambrose led off, describing the fiscal update as a “nightmare” of no jobs and higher taxes. Justin Trudeau reminded her that they lowered taxes on the middle class and that their infrastructure investments would create jobs. They went for another round of the same, and then Ambrose moved onto the planned closure of the Vegreville immigration processing centre. Trudeau responded with some bland points about the aid they’ve given to Alberta, but didn’t really answer the question. Ambrose then moved onto brandishing the name Kathleen Wynne as a segue to fundraising issues. Trudeau responded with the bland assurances about federal rules being the toughest and they were respecting them. Ambrose raised the issue of their ethical guidelines, and Trudeau assured her that they were following those guidelines. Thomas Mulcair read out the ethics section of the ministerial mandate letters, and Trudeau repeated that they were open, accountable and were accessible to all Canadians. Mulcair repeated him in French, and Trudeau insisted that they were open with their fundraisers. Mulcair asked Trudeau about the electoral reform townhall he head and what system got the most support — fishing for endorsement of PR. Trudeau didn’t take the bait, and praised consultations with Canadians on the subject. Mulcair came out and said that PR was reported to be the preferred system and why wasn’t he listening to “evidence” on the system. Trudeau gave some bland assurances that they were listening about the best way to reform the electoral system.

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QP: Hugging it out

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As is traditional on Halloween, we got a number of tortured metaphors and references during members’ statement. As well, all leaders with the exception of Thomas Mulcair were present, and no one was in costume. Rona Ambrose led off with a question about fundraising — again. Justin Trudeau tried to turn the question on its head, talking about their open engagement and public consultations. Ambrose tried to keep it about the ethical guidelines, but Trudeau kept up his praise for their unprecedented levels of engagement. Ambrose demanded an end to preferential access, and Trudeau insisted that there was no preferential access, and that they were in fact being accused of consulting too much. Ambrose moved onto carbon pricing and how it hurt families. Trudeau noted their middle class tax cut, and made a plug for tomorrow’s fall economic update. Ambrose lamented the lack of job creation, and Trudeau instead took a moment to praise the signing of CETA, giving credit to the Conservatives while he was at it. Romeo Saganash led off for the NDP, demanding the deadline for increasing First Nations child welfare funding. Trudeau noted his commitment to First Nations, and that they were continuing to work on that file. Saganash didn’t get an answer on the deadline, and pressed for one. Trudeau said it was a problem that goes back generations, and that they need to build capacity in the system. Charlie Angus picked it up in English, and Trudeau repeated his response. Angus brought up a particular case where there was a legal battle over the fees, and Trudeau insisted that they were committed to working in partnership on a solution.

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Roundup: CETA got signed

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Justin Trudeau and Chrystia Freeland went to Brussels over the weekend to sign the Canada-EU trade deal (known as CETA), but this was the real signing, as opposed to the several signings staged by the Harper government at much earlier iterations of the process, which they wanted to use to show how pro-trade they were, and how much work they were doing on the trade file. And yes, they did get the ball rolling on CETA, as well as the TPP, and a number of trade deals with a bunch of small countries with tiny economies that do very little trade with Canada, and loudly proclaimed the number (as opposed to the worth of those signed deals). So there’s that. At the signing ceremony, Trudeau also downplayed the delays and praised the democratic way in which it all happened, essentially saying that it’s not a bad thing to raise questions and to have them answered, which is fairly gracious of him (and fits with the overall character of his government to date in acknowledging the challenge function of parliament and the media – though he may want to let his Senate leader, Peter Harder, know, as Harder rather arrogantly doesn’t believe that the Senate needs an official opposition).

Of course, now comes the hard part of implementation, which will doubtlessly have numerous stumbling blocks along the way, and we’ll likely need several reminders about why the investor-state dispute settlement mechanism isn’t actually an attack on sovereignty, and how the improvements that Freeland negotiated to the system are a net positive and will likely form a model for other such systems going forward. We’ll hear yet more cries from the NDP and other left-leaning critics about those concerns, but the deal is moving ahead.

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Roundup: Seriously, stop calling it cash-for-access

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Apparently we’re still on this bizarre witch hunt against Liberal Party fundraisers, because I’m guessing we have little else to obsess over right now. Best of all, we’re now inventing conspiracy theories, like how the head of drug company Apotex is apparently fundraising because his company is both lobbying the government (as a drug company does) and because they’re involved in a lawsuit, and no said company head isn’t the company’s lobbyist, but yet these connections are being drawn by both media and echoed by the opposition, and I shake my head wondering people in their right mind think this is some kind of a scandal or breach of ethics. You really think the federal government is going to throw a lawsuit because they got a $1500 donation? Really? Honestly?

That media – and in particular the Globe and Mail continues to characterise this as “cash for access” is bizarre. Sure, your “average family” isn’t going to pay $3000 to meet a minister, but why would they? I mean, seriously? What would be the point? And it’s not like they don’t do other events either, and we’ve previously established that this is a government that loves its consultations, so it’s not like you couldn’t have your say. It’s inventing a problem that doesn’t actually exist. Do you think ministers shouldn’t attend fundraisers at all? Do you think that they can be bought for $1500? How about $500? $100? And they’re not hiding these fundraisers either. VICE asked for the list, and lo and behold, it was provided. But here’s the most bizarre part of all – mere months ago, the Globe declared that the federal system was the best in the country and urged provinces to all adopt it (while in the midst of their zeal against the much more dubious practices that were taking place in Ontario where ministers were soliciting donations from the stakeholders lobbying them, which is not what is happening at the federal level).

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Meanwhile, the president of the Liberal Party wrote a response to the Globe, but they wouldn’t publish it, so it’s on their website. Howard Anglin expands on his criticism of the reporting on fundraisers, and defends our system as being clean on the whole, and seriously, this is getting tiresome.

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Roundup: Nine new senators

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Nine new senators were appointed yesterday, with another 12 appointments to come in the next few days. By the time that happens, the non-aligned senators will have the plurality in the chamber, but that is causing a bit of consternation among some of the existing independent senators. Senator André Pratte sent out a missive decrying that committee seats are not proportional yet, while Senator Claude Caignan groused about the appointment process as being neither open, transparent, nor non-partisan, and insinuated that they were all Liberals in all-but-name and intimated that they would all be “steadfastly loyal” to the Prime Minister for appointing them – you know, just like he was unthinkingly partisan and loyal to Harper since his own appointment.

As for some of the new senators, PowerPlay interviewed incoming senator Patricia Bovey and the chair of the appointments committee, Hughette Labelle, while Power & Politics interviewed Diane Griffin. The Canadian Press profiled Daniel Christmas, who will be the first Mi’kmaq senator.

P&P went hard on the fact that some of these new senators had previously donated to parties – and not all of them to the Liberals – which is irksome because it’s giving this message of a rather unfair level of non-partisanship being expected when donations are part of political engagement in our system, and we should want senators who have at least had some level of engagement and were not completely disinterested in politics. As for the pace at which the modernization to the Senate rules are happening, I would caution against moving too quickly – as Pratte is demanding, Senator Peter Harder is glowering darkly about, and Terry Milewski was being ridiculous in his characterisation of on P&P. If we want an upper chamber that is functional but not dominated by parties, we want to make sure that rule changes are done right and not in haste, and we especially don’t want them to be turning over any swaths of power to Harder as the “government representative,” as he is already empire-building and starting to try and co-opt the non-aligned senators as they organise themselves. If they’re not getting on committees fast enough, that’s in part because the rules are such that committees can’t be reconstituted until a prorogation, but we also want to give these new senators time to get adjusted and settled. Throwing them onto committees too soon will be overwhelming, and if they’re interested, they can still sit in on the committee meetings and contribute – they just can’t vote. The proportions of seats will adjust before too long. A little patience is not a bad thing.

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QP: Building a conspiracy theory

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Even though Justin Trudeau was not off to Europe for the CETA signing, he was not in Question Period, nor was Thomas Mulcair. Rona Ambrose led off, demanding transparency on the mission in Iraq, saying that the training mission has changed (never mind that it was always billed as “advise and assist.”) Marc Garneau answered, somewhat unexpectedly, and noted that it was advise and assist by that they needed operational security because Daesh was sophisticated. Ambrose tried again, and Garneau repeated the response, but added that a new medical facility in Iraq was being installed. Ambrose then moved onto fundraising and raising the spectre of the lobbying commissioner investigating, but it merely merited a recited response on the strict federal rules. Denis Lebel was up next and raised the issue of a veteran who faced discrimination for her sexual orientation, and Garneau reminded her that society had changed and they were working on a whole-of-government response. Lebel then moved onto the PBO report on the labour market and the loss of jobs reported. Jean-Yves Duclos noted that they were working on job creation. Tracey Ramsey led off for the NDP, decrying the EU trade agreement and the investor-state dispute settlement mechanism. Chrystia Freeland read her astonishment at the lack of NDP support for a progressive trade agreement. Alexandre Boulerice asked again in French, raising the spectre of Quebec dairy farmers and drug prices, but Freeland’s answer didn’t change. Boulerice then raised the fundraising rules, Chagger gave her rote response on federal limits, and Tracey Ramsey gave another go in English for the same response.

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Roundup: Questions about ordered repayments

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Conservative-turned-independent Senator John Wallace is asking questions around the decision to withhold Senator Mike Duffy’s salary to repay inappropriate expenses that were uncovered as part of his court case, and in particular, whether the Internal Economy Committee’s three-member steering committee has been exceeding its authority in making decisions without the full committee signing off. The steering committee after all is supposed to be limited to some administrative matters, but in cases of “emergency,” they can do more. So was this an emergency? There is the argument that the decision was made over the summer when the full committee could not meet, and it was in accordance with rules laid out as part of the broader expenses issue and dispute resolution process, which Duffy did not avail himself of, his lawyer insisting that he was “fully exonerated” by the judge in his court case (which is not what the judge said, but rather that what he did simply didn’t meet the threshold of being criminal, and yes, there is a vast difference). With a case as high-profile as Duffy’s, the fact that inappropriate expenses have been flagged meant that the appearance of doing something about recovering those expenses was a very real consideration for the continued public legitimacy of the institution whose reputation has taken a beating, and letting Duffy get away with those inappropriate expenses would continue to damage the institution in the eyes of the public. But, that having been said, was this a decision that could or should have waited for the full committee to decide up on in the fall, and is this a case of procedural unfairness or worse, of a lack of any kind of due process, as has happened on more than one occasion as this whole expenses issue has reared its head? I’m not sure, but it does bear asking. I do think that something needed to be done to address the issue in a timely manner because the Senate has to rebuild its public image after senators like Duffy have done so much to muddy it, but whether what happened was right, well, that’s not a question I can answer.

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