Tag Archives: CSE

Roundup: A shuffle and a split

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So, there was that relatively small cabinet shuffle yesterday, some of which was telegraphed in advance, some of which became the subject of wild speculation as Trudeau seemingly threw in a couple of red herrings for the pundits to go wildly chasing to no end (LeBlanc and Wilson-Raybould especially). In the end, the new faces are Seamus O’Regan at Veterans Affairs and Ginette Petitpas Taylor to Health, while Carla Qualtrough moves to Public Services and Procurement, Kent Hehr takes over sport and disabilities, and in the biggest move, Jane Philpott moves over to a split Indigenous Affairs portfolio, so that Carolyn Bennett now becomes minister of Crown-Indigenous Relations, and Philpott becomes minister of Indigenous Services. While it’s hard to say that Hehr’s move is anything but a demotion, O’Regan’s move is being noted both for his close friendship with Justin Trudeau, as well as his move from rehab to the cabinet table, for what it’s worth. Also of note is the fact that new mandate letters will be forthcoming in the next few weeks, while there was a bit of panic when the old ones were re-issued with new names for the time being.

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The real news is the fact that Bennett and Philpott’s joint mandate will be to ultimately dismantle Indigenous and Northern Affairs and to create two separate departments that will move the files toward greater self-governance and be a less paternalistic structure for Indigenous communities to deal with – especially since the current structure does not currently suit the North well for Inuit communities, or Métis. Complaints about the creaky bureaucracy hampering the Indigenous file are constant, and structural reform like this is probably the next logical step in moving those particular files forward, but there are already detractors moaning that this will just mean double the bureaucracy and double the obfuscation. Maybe. I’m also dismayed by commentary from the likes of Hayden King who dismiss what the government has done to date as being symbolism and process. Why that bugs me is because process is important. Democracy is process. Changing the fundamental ways in which things happen – i.e. process – is important can’t just be shrugged off because it doesn’t turn into an instant fix. These kinds of issues are systemic and stubborn, and sometimes changing process to get the wheels turning is actual progress, even if it takes a while to see the results. None of this happens overnight – indeed, dismantling INAC won’t either, and step one is yet another consultation process on what the end goals are going to look like so that they can make the split with those in mind. And no doubt, we’ll hear yet more naysayers, but these are changes that will take time to happen.

AFN National Chief Perry Bellegarde is happy with the change as a next step to dismantling the Indian Act. Susan Delacourt sees Trudeau keeping his friends close in this shuffle, while Chantal Hébert notes that the Canada-US files remain untouched in the shuffle, which points to how Trudeau is targeted isolated problems while looking to stay the course with the NAFTA talks. Paul Wells looks at Jane Philpott as this government’s go-to fixer, while Aaron Wherry notes the two doctors now in charge of the Indigenous portfolios and what that may mean.

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Roundup: Trudeau laying in the Senate bed he made

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There is a renewed round of wailing and gnashing of teeth about the Senate feeling it oats and flexing its muscles, and yesterday it was the Prime Minister doing it. Apparently deliberating and amending bills is fine unless it’s a budget bill, in which case it’s a no go. The problem with that is that of course is that a) there is no constitutional basis for that position, and b) if the whole point of Parliament is to hold the government to account by means of controlling supply (meaning the public purse), then telling one of the chambers that it actually can’t do that is pretty much an existential betrayal. So there’s that.

But part of this is not so much about the actual issue of splitting out the Infrastructure Bank from the budget bill – which Senator Pratte, who is leading this charge, actually supports. Part of the problem is the principle that the Senate isn’t about to let the Commons push it around and tell them what they can and can’t do – that’s not the Commons’ job either. As Kady O’Malley delves into here, the principle has driven the vote (as has the Conservatives doing their level best to oppose, full stop). But some very good points were raised about the principle of money bills in the Senate, and while they can’t initiate them, that’s their only restriction, and they want to defend that principle so that there’s no precent of them backing down on that, and that’s actually important in a parliamentary context.

As for this problem of Trudeau now ruing the independent Senate that he created, well, he gets to lie in the bed that he made. That said, even as much as certain commenters are clutching their pearls about how terrible it is that the Senate is doing their constitutional duties of amending legislation and sending it back, it’s their job. They haven’t substituted their judgment for those of MPs and killed any government bills outright and have pretty much always backed down when the Commons has rejected any of their amendments, and that matters. But it’s also not the most activist that the Senate has ever been, and someone may want to look to the Eighties for when they were really flexing their muscles, enough so that Mulroney had to use the emergency constitutional powers to add an extra eight senators to the Chamber in order to pass the GST – which was a money bill. So perhaps those pearl-clutchers should actually grab a bit of perspective and go lie down on their fainting couch for a while.

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On the subject of the Senate, it’s being blamed for why the government hasn’t passed as many bills in its first 18 months as the Harper government had. Apart from the fact that the analysis doesn’t actually look at the kinds of bills that were passed (because that matters), the reason why things tend to be slow in the Senate is because the Government Leader – err, “representative” – Senator Peter Harder isn’t doing his job and negotiating with the other caucuses and groups to have an agenda and move things through. That’s a pretty big deal that nobody wants to talk about.

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Roundup: Changing the face of the bench

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The Globe and Mail has an interesting read about the way in which the current government is making a concerted effort to appoint more women to the bench as it (slowly) makes its judicial appointments. While the numbers of women appointed are disproportionate to the numbers that have applied, that seems less concerning to me because it has been shown that fewer women will apply to positions like these because they tend to downplay their own qualifications (just as with trying to get more women to run for public office). I also think that the justice minister has a point when she says that part of the reason for so few appointments being made from visible minorities is in part because there are too few applying, and too few in the justice system as a whole. I also look to something that Senator Jaffer said to me in a piece I wrote for the Law Times about the judicial appointments issue, which is that for many of the appointment committees, they don’t tend to look beyond their own boxes when they make recommendations, so we see fewer women and visible minorities being put forward, and that proactive approaches have been shown to be needed in the past. This government seems to be willing to go some of the distance in bridging that gap, but as always, more work needs to be done, and yes, it’s taking far too long in most of the cases.

What does bother me is the notion that by appointing women and minorities is that this is simply about quotas, and it’s the exact same things we’ve been hearing in the past couple of weeks with regards to people making their evaluations of the federal cabinet, and the quiet clucking of tongues when they go “rookie, diversity hire, not very competent.” Never mind that in many cases, much of the judging is harsh, unfair to the person or the situation they were put into, or deliberately misconstrued to present a worse picture than what actually happened (such as with Maryam Monsef). Never mind the fact that if none of these people are given a chance as rookies, they won’t actually get experience. And yes, some of them are performing poorly (and even more curiously, the ones who I think actually are having problems are the ones who are never the ones being written about). But hearing the constant quota refrain is getting tiresome to read about.

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Roundup: Expulsion isn’t rocket science

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All day, we’ve been told that Senate clerks are “scouring the constitution” to find a “loophole” that will allow them to expel Senator Don Meredith, and even when they get former law clerks on television who’ve said clearly that yes, the Senate can do this, they still try to go “a ha, but they never did with…” name a scandalous former Senator, and in those cases, they resigned before the Senate had a chance to expel them. Suffice to say, a whole lot of reporters are being deliberately obtuse in order to create a false sense of drama around this.

The simple fact of the matter is that Parliament is self-governing, and it has the powers it needs to expel members if need be. Those are parliamentary privileges, and they have been exercised in the past in the Commons, as James Bowden’s research has shown, and those privileges would indeed extend to the Senate. It’s not sexy or rocket science, but people need to calm down and let the process work itself out.

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Adam Dodek says that the Senate needs to move quickly on dealing with Meredith if they hope to regain the public trust. And that may be the case, but we also don’t want to be too hasty, given the ham-fisted and poor manner in which the suspensions of Duffy, Wallin and Brazeau were handled, and the truth of the matter is that the Senate is on March break. The ethics committee is coming back a week early to deal with the matter, so they are moving quickly but they can’t simply act rashly and in the heat of the moment, which I think will be the danger in order to keep from invoking the ire of an impatient public, egged on by a media demanding that the story move ahead quickly before people lose interest.

Meanwhile we’re also seeing a lot of second-guessing about the role that Meredith played within the Independent Senators Group, and how he was described as having a “leadership position” within it. Indeed, Meredith was elected to one of four “coordinating positions” within the nascent quasi-caucus, in its early days after the first round of independent appointments when the group was still getting on its feet and Meredith had more legislative experience than most of the members of the group. That being said, he had very little actual standing within the group and was certainly not viewed as any kind of actual leader by anyone I’ve spoken to. I have sympathy for their position that he was innocent until proven guilty and that it took the Senate Ethics Officer two years to reach her conclusions, but on the other hand, we could still see this train on the tracks. It’s too bad the ISG didn’t insulate themselves a little better from this, but in all, I don’t think the damage looks as bad from out here.

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Roundup: A jobs crisis report rooted in fancy

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The Conservatives released their Alberta Jobs Taskforce report yesterday – a make-work project to make it look like they were paying attention to the plight of the province’s resource-driven downturn, never mind that it wasn’t going to actually do anything because they’re not in government. The eleven recommendations that it came up with were…ambitious. I won’t say magic (such as the Ontario NDP’s Hydro plan, also released yesterday, relied on), but I will say that it relies a lot on wishing and hoping instead.

To start off with, the top recommendation is to eliminate the proposed carbon tax – which is provincial jurisdiction, not federal, to be clear – and to reduce corporate and small business taxes along with reversing CPP contribution increases. These are typical Conservative bugaboos, so it’s not a surprise we would see these recommendations. “Reducing red tape” for resource projects? It’s like the Conservatives forgot that when they tried to do that when they were in office, it backfired on them and created even bigger headaches as the lack of due diligence, particularly around dealing with First Nations, landed them in court numerous times. Encourage retraining? Provincial jurisdiction. Review EI to “improve efficiency”? You mean like their ham-fisted attempt at doing that a couple of years ago that cost them every Atlantic Canadian seat that they had? Recommendation five is particularly interesting because it calls on both a) reducing red tape for starting small businesses while b) creating tax credits to hire unskilled workers. Ask any small business and they’ll tell you the worst red tape is the complex tax code, so asking for the creation of yet more tax credits is to work against the first demand. Coherence! Implement programs to encourage hiring of recent graduates (sounds like big government), while increasing financial literacy across Canada? Erm, how does that actually help youth? I don’t get the connection. Lower interprovincial trade barriers? Well, considering that every government has tried doing that since 1867, and that the Conservatives didn’t make any tangible progress in their nine years in office, I’m not sure that Alberta hurting now is going to suddenly fixate everyone to solve that problem. Adjust domestic policy to the new Trumpocalypse reality? Seriously? There is no policy coherence coming from the States, so how can Canada “adjust” to it? Reform credentials-matching for new immigrants and the Temporary Foreign Workers Programme? Again, if it were easy, the Conservatives would have done it when they were in power. And finally, balance the budget? How does this solve Alberta’s job woes? Oh wait, it doesn’t. It’s just yet another Conservative bugaboo that they’re trying to hit the government with, using Alberta’s jobs crisis as the cudgel.

I’m sure that they spent time on this, but honestly, I’m less than impressed with the suite of recommendations. The lack of coherence and insistence that nigh-intractable problems should be solved now when they haven’t been for decades is more than fanciful.

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Roundup: A small government climbdown

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Sometimes it’s not just that the Senate is everyone’s convenient punching bag in federal politics – it’s also what they like to dangle before the media to show that they’re serious about some issue or another. Early on in the parliament, it was Conservatives who were supposedly going to flex their muscles to defeat all kinds of government bills in the Senate, which never happened, and now we’re getting threats from the new independent cohort. This time, it’s Bill C-29, the government’s budget implementation act, and a provision therein that has Quebec all hot and bothered because it would affect their consumer protection legislation as it relates to the banks.

The government has maintained that because this is a federally-regulated sector that they have jurisdiction. Quebec disputes this, says that they have a Supreme Court of Canada decision to back up their position, and premier Couillard has been asking the government to remove this section from the bill, and impressing upon Senators to do something if the government won’t. New Quebec Senator André Pratte has apparently been making the rounds to do just that, while Government Leader in the Senate – err, “government representative” – Senator Peter Harder has responded with the usual plaintive wail that the Senate should respect the will of the House of Commons, never mind how much he was praising up and down the work they did on amending the assisted dying legislation just a few months ago.

But the pressure from the Senate may have already come to good effect. In Question Period of Friday, the finance minister’s parliamentary secretary, François-Philippe Champagne, announced a particular government climbdown on the issue:

We are going to continue working with consumer groups, stakeholders, and the provinces and territories to develop regulations and enforce the law. We are going to delay the implementation of some provisions of division 5 of the bill so that the Standing Senate Committee on Banking, Trade and Commerce can examine this important issue more closely.

In light of this development, should the Andrew Coynes of the world really be wailing and gnashing their teeth about the Senate supposedly overstepping their authority, or not respecting the will of the Commons? Or should we acknowledge that they heard the concerns that the government steamrolled over with their majority and forced the government to acknowledge that hey, maybe there is a problem that we should fix? Because I’m getting awfully tired of constantly hearing about how the Senate is somehow becoming this de facto ruling body of appointees, when it’s anything but. It’s doing the job that it was intended to do, which is sober second thought – particularly when there is a government with a majority, and with more independent senators in the chamber, they’re not taking orders from PMO to push things through. This is their job. This is what they’re supposed to do. Can we please tone down the histrionics about it?

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Roundup: Partisan crybabies and skewered straw men

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As machinations and protestations go, the current drama in the Senate is starting to try my patience, particularly because so many of the players seem to be getting drawn off onto silly tangents at the expense of the bigger picture. In particular, the Conservative senators continuing to push this conspiracy theory that all new independent senators are just Liberals in-all-but-name is really, really throwing them off the message that Senator Peter Harder is trying to destroy the Westminster traditions of the Senate, and has a stated goal of removing any sense of official opposition from the Chamber. But when the complaints about Harder’s machinations are drowned out by their conspiracy theorizing, they’re only harming their arguments by making themselves look petty. And it is concerning what Harder has been up to, his latest move being a closed-door meeting for all senators to “discuss short-term and long-term government business.” Add to this are a number of the more established independent senators, who previously felt shut out, excusing Harder’s actions because he’s trying to bring them in, oblivious to the fact that this is how he’s trying to build his little empire.

Add to this conversation comes former senator Hugh Segal who penned an op-ed for the Ottawa Citizen, bravely skewering straw men all around him about those darned partisan senators not giving up committee spots to independent senators (when he knows full well that it’s an ongoing process and that committees don’t get reconstituted until after a prorogation), and coming to the defence of Harder, with whom he worked together all of those years ago during the Mulroney government before Harder transitioned to the civil service. Poor Peter Harder, whose budget has been cruelly limited by all of those partisan senators and how he can’t get the same budget as Leaders of the Government in the Senate past (never mind that Harder has no caucus to manage, nor is he a cabinet minister as the Government Leader post is ostensibly). Gosh, the partisan senators are just being so unfair to him. Oh, please.

So long as people are content to treat this as partisan crybabies jealously guarding their territory, we’re being kept blind as to what Harder’s attempts to reshape the Senate are going to lead to. His attempts to dismantle the Westminster structure are not about making the chamber more independent – it’s about weakening the opposition to the government’s agenda. Trying to organise coherent opposition amongst 101 loose fish is not going to cut it, and Harder knows it. The Senate’s role as a check on the government is about to take a serious blow so long as people believe Harder’s revisionist history and back-patting about how great a non-partisan Senate would be. Undermining parliament is serious business, and we shouldn’t let them get away with it because we think it’s cute that it’s making the partisans angry.

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Roundup: The scourge of billionaires

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If you thought that the temptation to blame elites for everything was simply the crass tactics of Kellie Leitch – herself among the most elite of elites – then you’d be wrong. Yesterday Rona Ambrose decided to take a page from the very same playbook and rail in a speech open to media about how the Liberals were elites who were *gasp!* meeting with billionaires to talk about investment opportunities in Canada. OH NOES! The horror of it all! And not just billionaires – billionaires from Beijing and Dubai! Because it never hurts to get a bit of a protectionist/xenophobic twist to your moral panic. But then again, the Conservatives never could decide if they actually wanted to attract or shut down foreign investment, as they left rules deliberately vague so that they could indulge their protectionist, populist impulses when it suited their needs politically.

Part of what’s galling is the real lack of self-awareness that Ambrose is displaying in this kind of speech. While she’s trying to take a populist tack, her examples are all poor ones to prove her case about those darn elites being against ordinary working folks. Leaving aside that as MPs, they are the elites, the examples of things like cancelling the children’s fitness tax credit don’t even fit their rhetoric. Why? Because the Liberal not only replaced those myriad of tax credits with a broad-based income tax cut, but also with far more generous and untaxed child benefit payments, while those tax credits were non-refundable, meaning that they were generally inaccessible to low-income Canadians who needed them, but rather were far more beneficial to higher-income families who had the money to spend on the sports or arts or whatever to get the full benefit of said credits. In other words, trying to make a “regular families” argument in the “us versus the elites” narrative doesn’t stand up to logic or reality. The fact that they are willing to start indulging in this kind of rhetoric should be alarming, because the last thing we want to do is start trading in the politics of resentment like we’ve seen in the States. Only madness lies that way.

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Roundup: Pushing back against Leitch

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In the wake of Wednesday’s Conservative leadership “debate” – and I use the term loosely because there was no actual debate, just presentations sans Power Point – the wedge that Kellie Leitch has been nursing in her campaign became all the more stark. While Michael Chong may have been first out of the gate with his condemnation, Deepak Obhrai has used it to crank his campaign up a notch yesterday, with both an appeal for support in order to oppose Leitch specifically, and also told tales about messages he’s received from Leitch supporters telling him to leave the country.

At one point during the presentations on Wednesday, Leitch held up a book Points of Entry from sociologist Victor Satzewich to justify her screening proposals. The problem? That Satzewich’s conclusions in the book were the opposite of hers, that the system was working, that demanding more face-to-face interviews for all visa applications would make the system grind to a halt, and that while he went into the research sceptical, his research convinced him that things were better than he had initially surmised. So that’s kind of embarrassing for Leitch (or would be if she had any demonstrated capacity for shame, which I’m not convinced is the case).

Meanwhile Leitch, whose other Trumpian note has been to rail against “elites” – as though she were not the epitome of one – has been holding fundraisers in Toronto with Bay Street lawyers for $500 a pop. You know, more of those elites which she’s totally not one of. Also, if she’s so convinced that she’s going to be Prime Minister by 2019, isn’t this some kind of ethical conflict for her to be holding these kinds of cash-for-access fundraisers?

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Roundup: A few more partial concessions

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I’m about at the end of my patience with stories about moving expenses, just as news comes down that two more senior ministerial staffers have offered to partially reimburse their own expenses. This while we continue the smarmy remarks by the Conservatives who can’t decide if the perpetrators are cronies or millionaire BFFs, and the NDP perch on their sanctimony, and pundits across the nation clutch their pearls about how it doesn’t actually matter that all of these expenses were within the rules, that it’s all a matter of perception (which they incidentally are fuelling by the way in which these stories and columns are framed). Indeed, we have moralising columns mentioning entitlement, corruption, and how this puts things back on a “war footing.”

About the only salient bit of analysis that has been Robyn Urback’s (otherwise sarcastic) look at the Liberal damage control strategy pattern, which tends to be “ignore, defend, project, concede partial defeat.” And we did see elements of all of these, including the final two simultaneously as they not only had the partial concession of the repayments, but also the projection of looking at similar expenses within the Harper PMO, which they obviously spent Thursday night digging up from PCO records. And let’s be honest – as her first test, Bardish Chagger didn’t do much to help her cause when she would try to deflect with protestations that they were trying to help the middle class or building a strong team. (I will add that it may have been unfair for We The Media to castigate Trudeau for not giving the names of who the staffers were, given privacy considerations).

There was plenty of evidence or fact that Chagger could have used, from being more specific in pointing out the policies, or contextualising them as being a reflection of policies collectively negotiated with senior public servants (where changing policies could affect them), and most especially when the Conservatives were making cheap shots about the “personalised cash payments,” noting what those referred to precisely, which is not a payment in a brown envelope.

But no, we didn’t get that, and instead of having a discussion based on fact, we got pabulum, and it feeds into this ugly and petty narrative that We The Media love to perpetuate, where we must reflect a nation that is so cheap that we must be mean-spirited about it (and I deeply suspect is part of our collective tendency toward tall poppy syndrome). I defy you find a single person who wouldn’t claim moving expenses that they were legitimately entitled to. But instead, I’m getting people barking at me over the Twitter Machine that these staffers should be volunteers, and that it’s some kind of awful crime that they get reasonably well compensated for doing a damned difficult job that most people wouldn’t want to go anywhere near. This is the kind of nonsense that we shouldn’t be feeding, and yet we can’t help ourselves because cheap outrage is such a quick and easy high, but like most highs, it leaves us empty and worse off in the long run.

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