Tag Archives: Don Meredith

Roundup: Government vs opposition duties

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While I’ve written on the topic before, comments made by Government House Leader Bardish Chagger on her tabled “discussion paper” on trying to make the House of Commons more “efficient” really rankled over the weekend. In particular, Chagger said the proposals were trying to find the balance between the government’s “duty to pass legislation and the opposition’s right to be heard.”

No. Just no. And here’s Philippe Lagassé to explain why.

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The whole point of Parliament is not to ensure that government passes legislation. The point is to hold it to account, and that often means slowing it down and ensuring that it doesn’t overstep its bounds, which it is wont to do. Already it’s a problem that government backbenchers don’t do their duty and due diligence when it comes to keeping a check on the government – most are happy to toe the line in order to be considered for a cabinet post, which is a problem in and of itself, and we’ve seen this attitude of being “team players” amplify in the last number of years, particularly after the minority government years, when message discipline became paramount above all else, which is why I worry about how the backbenches will react to this proposition by the government. Will they willingly surrender their responsibilities of accountability because they want to be seen as being onside with Cabinet (particularly after the recent defeats of cabinet on those private members’ bills and Senate public bills?) Maybe.

What worries me more is the way that Chagger phrased the opposition’s “right to be heard.” We’re seeing increasingly that with this government and their insistence on constant broad consultations, they will listen, then go ahead with their original plans. I worry that this is how they are starting to feel about parliament – that they’ll hear the concerns of the opposition or the Senate, and then bully through regardless. Parliament is not a focus group to “consult” with, and I’m not sure that they’re quite getting that, particularly given Chagger’s statement. Accountability is not just politely listening, and the opposition is not there to just deliver an opposing viewpoint. There needs to be a tension and counter-balance, and right now I’m not sure that this government quite gets the need for that tension, particularly when they keep mouthing platitudes about working together collaboratively and whatnot. Then again, I’m not sure that the opposition necessarily gets the extent of their responsibilities either, which is depressing. Regardless, Chagger’s case for these reforms is built on a foundation of sand. Most should be fully opposed and defeated soundly for the sake of the very existential nature of our parliament.

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Roundup: Stop coveting the CBO

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Given the insanity taking place within the Trumpocalypse with the current debate over reforming their health insurance legislation, the Congressional Budget Office’s figures have been at the centre of the debate. Chris Selley penned a column yesterday to praise this island of sanity with the maelstrom, and wonders what a better funded Parliamentary Budget Officer could do in Canada.

To this, I must say nope. Nope, nope, nope.

Nope.

Why? Because we are already lousy with unaccountable officers of parliament who are usurping the role that MPs are supposed to be playing. As it stands, MPs have already started been fobbing their homework off onto the PBO, and then hiding behind his independent analysis and then using it as their cudgel. It is driven by the impulse that they don’t think they can win the debate on the issues, so they would rather have those officers win it for them, and the PBO is certainly no exception.

But independent officers are not infallible. That F-35 cost figures that Selley cites? While Kevin Page’s figures proved to be in the ballpark, his methodology was haphazard and any defence analyst you asked would tell you as much. And we’ve seen how the Auditor General’s report on the Senate was deeply flawed that both former Supreme Court Justice Ian Binnie and the lawyer that the Senate hired to review the report could scarcely believe it. And of course We The Media eat it up as well, because it’s “independent” and therefore believable, even when it may not actually be right, and the constant deference to these agents is actually harming democracy.

Yes, we have problems with government giving figures that are useable, and the previous government was masterful at changing the accounting rules constantly to keep everyone, PBO included, from trying to figure them out. That’s a problem, but it’s not one that we should expect the PBO to solve. Rather, MPs from all parties should be demanding clear figures, and should use their powers to compel disclosure, whether it’s on committees or Order Paper questions. The problem is that not enough MPs bother to do it, in part because they don’t actually know that their primary job is to hold the government (meaning Cabinet) to account. And simply excusing their ignorance and appointing an independent officer to do it for them doesn’t fix the problem – it exacerbates it.

Also, quit looking at Washington and thinking that we can import their institutions and practices into our system. I know the CBO was the thought when the PBO was created, but our systems are different, and you can’t just graft a similar model on. Stop trying. We have our own system and processes that we should be focusing on improving, and that starts with educating ourselves about our own processes.

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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: Recall legislation nonsense

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Over at Loonie Politics, fellow columnist Jonathan Scott wonders if recall legislation might not be a good thing for ethical violations, and cites the examples of Senators Don Meredith, Lynn Beyak, and a York Region school trustee who used a racial slur against a Black parent. While I’m suspicious about recall legislation to begin with, two of the examples are completely inappropriate, while the third was an example of someone who resigned a few days later, making the need for such legislation unnecessary in the first place.

Recall legislation for senators is a bit boggling, first of all, because they weren’t elected to the position, and they have institutional independence so that they can speak truth to power and have the ability to stop a government with a majority precisely so that they can hit the brakes on runaway populism if need be. Recall legislation would be fed by that similar populist sentiment, which is a problem. I’m also baffled, frankly, how anyone could conceivably consider Meredith and Beyak in the same sentence. Meredith abused his position to sexually lure a minor, while Beyak said some stupid and odious things under the rubric of religious sentiment (i.e. at least some residential school survivors stayed Christians, so that apparently justifies everything). The two are not comparable, nor is Beyak’s example any kind of an ethical violation, nor am I convinced that it’s an offence worthy of resignation because at least there’s the possibility that she can learn more about why what she said was so wrong-headed. Sure, people are upset with it, while others are performing outrage over social media because that’s what we do these days, but trying to channel that sentiment into recall legislation raises all kinds of alarm bells because even if you had a fairly high bar or findings from an ethics officer to trigger these kinds of recall elections (and the suggested 2500 signatures of constituents is too low of an added bar), temporary performed outrage demanding action this instant would be constantly triggering these kinds of fights. If you think there are too many distractions in politics to the issues of the day, this would make it all the worse.

As for Meredith, while he is too shameless to resign of his own accord, the rest of the Senate is not likely to let this issue slide for too long. The only question is really how effectively they can implement a system of due process by which Meredith can plead his case before them and respect the rules of natural justice before they hold a vote to vacate his seat based on the findings of the Senate Ethics Officer. Demanding recall legislation after a story is only a couple of days old is the height of foolishness. The Senate doesn’t sit for another two weeks, which is time that frankly they’ll need to get their ducks in a row so that they don’t come back half-cocked and try and ham-fist the process like they did with Duffy/Wallin/Brazeau back in the day. Meredith will get his due, and we won’t need the threat of ridiculous legislation to try and keep politicians in line.

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Roundup: Determining next steps with Meredith

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The Senator Meredith situation heated up fairly predictably yesterday, with the calls from all sides that he do the honourable thing and resign. While he quite quickly stepped away from the Independent Senators Group, he it wasn’t until much later in the day that he said that wasn’t going to resign. This of course, shouldn’t surprise anyone, given how utterly shameless he has been about this whole matter since it first appeared in the news.

While I understand the position of the ISG that they included him in their ranks because they considered him innocent until proven guilty (and you can see the full interview with Senator McCoy here), I would have to say that the Senate knew that this train was coming down the tracks, and I have to wonder why they haven’t really been preparing for this eventuality, which I haven’t seen, unless of course either the Senate Ethics Committee or the Senate Rules Committee have been quietly having discussions that I’m not privy to. Regardless, instead of people like Senator Peter Harder calling media to the Foyer to perform some outrage and sending public letters in the hopes of somehow shaming the shameless, they should be coming up with a plan and a process to do something about side-lining and eventually removing him. The key, however, is that this is going to need to be better than the haphazard and somewhat abusive process that was used with senators Duffy, Wallin and Brazeau with their own suspensions at the height of that bout of madness. The lack of due process there stuck in the craws of many senators and was largely the work of Conservative senators using their majority to bully through a means of trying to avoid Stephen Harper any further embarrassment. If they now want to see Meredith removed from his post and his seat declared vacant, they have to be utterly meticulous about this. Suspension will no doubt be the first step upon their return, and they are best advised to at least give him some kind of opportunity to at least speak to his defence before they suspend him and move onto next steps. Declaring his seat vacant would be unprecedented without a criminal conviction, but not impossible, if they do it right. That, however, is the real trick, and one that that will be difficult to manage, and even more so if senators are simply going about this as performative outrage where they need to be seen to do justice to appease a hungry press rather than ensuring that the laws of natural justice are upheld in the process.

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Roundup: Dealing with problematic senators

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While the focus one on one senator’s words regarding residential schools yesterday, a bombshell dropped late in the day with the Senate Ethics Officer’s report into allegations that Senator Don Meredith had an inappropriate sexual relationship with a 16-year-old girl, and that will no doubt fill the airwaves tomorrow. But while everyone is baying for blood, let me offer a few bits of context.

First, with Senator Beyak and her remarkably clueless statements about residential schools, no, the government cannot ask for her resignation as the NDP are demanding they do. The Senate has institutional independence in order to act as a check on government, so they are powerless. As for the demands that the Conservatives kick her out of caucus, that might do more harm than good because at least within a caucus, she can be managed and hopefully do less harm, and perhaps guided into some education on the subject rather than simply cutting her loose and empowering her to keep making this an issue. And while I think her statement is odious, I also don’t think she meant malice by it, but rather that she is utterly clueless by virtue of framing the issue entirely through her Christianity, and that’s a world view that she’s entitled to hold, no matter what we may think of it. (And seriously, don’t make her a martyr for her religious beliefs). So while I get that there are a lot of people who want to perform outrage and demand her head, I think everyone needs to calm down a little and think through what they’re demanding.

As for Meredith, the report now goes to the Senate ethics committee, but given that the Senate isn’t sitting for the next two weeks, we’ll have to be patient. There are already demands that he be removed, but without a criminal conviction, that’s very difficult to do, and the police opted not to charge him for this (possibly because the complainant stopped cooperating with the police, but I’m not 100 percent sure on that fact, so take it with a grain of salt). With the Ethics Officer’s report, however, one could hope that the police could reopen their investigation. That said, removing a sitting senator without a criminal conviction is almost impossible. There is the possibility that the Senate could vote unanimously to declare his seat vacant, but it’ll be a high bar for other senators to reach that point, because they’re going to want to ensure that he gets due process (which Senators Duffy, Wallin and Brazeau were not necessarily given at the time of their expulsion). But one can be sure that the Senate will want to take their time and deliberate on this one, so while it’s possible that we’ll see a suspension motion when they return, it could be a while before they decide on how to deal with him on a longer-term or permanent basis.

And barring that, maybe the Senate needs to consider a policy of phasing out certain senators…

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Roundup: Application versus consultation

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The head of the new Senate Appointment Advisory Board appeared at the Procedure and House Affairs committee yesterday, and has raised a few issues about this new process that are a bit troubling, which has to do with applications – rather, that there seems to be an emphasis on application rather than nominations arising out of consultations. In particular, the ability for people to apply for a seat on their own seems to be at odds with some of the design of the advisory process. Emmett Macfarlane notes that this wasn’t how he envisioned the process when he was asked to help design it, and that it not only overly bureaucratizes the process, but it sets it up for a particularly unsavoury sort to want to apply, which I concur with. Why is this important? Because we’ve only spent the past number of months watching the trial of a certain Mike Duffy, who was well known for wanting desperately to become a senator for decades, and how he viewed such an appointment as a “taskless thanks” which would also provide him with all manner of perquisites – and witness how he managed to monetize all of his relationships as a result of his appointment, as we’ve witnessed in testimony. We also lived though the bizarre spectacle that was Bert Brown, “elected” senator whose self-appointed crusade for Senate reform comprised largely of unsolicited meetings with provinces to convince them of his plan (on the Senate’s dime), and taking to the op-ed pages to basically call his detractors Nazis (I’m not sure how else you take it when he reminds you of his family’s military service in WWII as a rebuttal). Some of the best senators we’ve seen are those who never expected an appointment, and who never would have sought office on their own – people like Roméo Dallaire. It’s also why I’m not sold on the NDP fear that this process will just be elites nominating elites – a broad enough consultation will bring people of accomplishment and expertise in a wide variety of fields than just academia. But at the same time, the Senate should be a place that rewards experience and expertise rather than being a repository for randoms, given their role to scrutinise legislation and act as the country’s premier think tank. I have a hard time seeing how hot dog vendors can fulfil those roles, no matter how many people they interact with in a day.

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Roundup: Bemoaning private meetings

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There are times when demands for transparency from the government in all things does perplex me, particularly times when it starts to feel creepily inappropriate. Case in point is the sudden cry of “Oh noes! Justin Trudeau’s itinerary doesn’t list who those private meetings are with!” followed by some handwringing about taxpayer dollars. And then a chorus of “Oh noes! He met with lobbyists!” Because that’s the whole point of lobbying – to meet with officials, and not all lobbying is evil or the exchange of money, gifts or favours for the sake of influence, despite what American television will tell you (though, to be honest, the American version of lobbying – where those lobbyists have been able to be on the floor of the House of Representatives – is excessive). The fact that we can see after the fact that the PM and his staff have met with lobbyists is a sign of the transparency in our reporting mechanism, and I’m sure that there are meetings that should probably be private for all sorts of legitimate reasons. Can we ask questions about it? Sure. Does it mean that we are entitled to be privy to all of the details? I don’t see why. The thing is, sometimes the government relies on private, frank conversations in order to help guide their thinking – kind of like meetings with the Governor General. Sometimes good governance requires a modicum of discretion, and sometimes total transparency makes things worse. Is there a balance to be had? Of course. The fact that we’re getting daily itineraries is a far cry more than what we got under the last guy, and while that can’t simply be the go-to excuse that something is better than nothing, it also behoves us to temper our expectations a little. They don’t have to jump when we say so. I sometimes wonder if there aren’t a few people who don’t realise this and who get bent out of shape when it doesn’t happen. By all means, let’s ask the questions – but let’s also not pretend that the system is broken when we don’t get the answer we’re looking for.

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Roundup: The Senate steps up

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In their very first piece of legislation passed, the House of Commons ballsed it up. Quite badly, in fact. In rushing through a supply bill, they didn’t include a necessary schedule for where the money that was being authorised would be spent, which is a pretty big deal. And so, when it reached the Senate, this was caught and the bill had to be sent back before the Senate could deal with it and pass it so that it could get Royal Assent and everyone could go home for the holidays. The Senate, however, was not amused. This is not the first time that defective bills have made it to the Senate, be it when they sent an earlier unamended version down the hall, or when their due diligence wasn’t done and they had to make some kind of excuses to get the Senate to pass it anyway with the promise of adding a clause in a future bill to retroactively fix it. And the patience of the Senate is wearing thin. In the words of Speaker Furey:

“While it is not our place to look into the functioning of the House of Commons, I am appalled that we received a defective bill. If it is the wish of the house, I would be prepared to write to my counterpart in the House of Commons to seek his assurance that this will not happen again.”

Liberal Senator Terry Mercer was even less forgiving and deservedly so:

“It galls me, Mr. Speaker, that they talk about an administrative error. That’s passing the error off onto the staff. I’m sorry; the Members of Parliament voted on this; it is their fault and they alone take the blame… To give us this BS about administrative error, passing the buck off to someone in the administration of the House of Commons, doesn’t wash with me, and it shouldn’t wash with anybody, and it shouldn’t wash with Canadians. I want this to be notice to the Minister of Finance and to our colleagues in the other place that this place will not put up with this anymore.”

Senator Fraser suggested that the Commons needs to examine their system and perhaps even apologise to the Senate, while other Senators noted that this is government legislation and not a private member’s bill, and that perhaps the Senate should not always be as patient and perhaps rise without granting Royal Assent in the future. Part of the root of this is that that the Senate, yet again, did its job while the Commons didn’t. In their haste to get this passed so that MPs can leave, MPs spent a grand total of fifteen minutes on the Supply bill, including Committee of the Whole. That’s right – fifteen minutes to examine and authorise the spending of money by the government. The Senate Finance Committee held three days of pre-study on the bill so that they would know what the issues were, and lo and behold, when the bill arrived in defective form, they could spot it immediately. And as noted before, this keeps happening with increasing frequency. And yet, when we send MPs to Ottawa to “be our representatives,” we seem to forget that they have a job to do – to scrutinize bills, and most especially spending, and they’re not doing it. They leave it to others to do, be it the Auditor General, the Parliamentary Budget Officer, or the Senate – all while bitching and moaning about how terrible the Senate is even though the Senate is actually doing their jobs when MPs aren’t. And the next time I hear someone give me the line about how the Senate has no function in a modern democracy, I can give them yet another object lesson about how the Commons is the real dysfunctional chamber in our democracy. I’ll repeat Speaker Furey’s admonition – it’s appalling. Shape up, MPs. You’re embarrassing yourselves.

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Roundup: Resurrecting the “barbaric” issue

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Not content to ratchet up the niqab issue alone, the Conservatives decided yesterday to go full-on culture war, and dredge up their Zero Tolerance for Barbaric Cultural Practices legislation from the previous parliament, and not only tout what it does (almost all of which is duplicative and unnecessarily antagonistic), but they added the promise of setting up a “tip line” for when people suspect these “barbaric cultural practices” like child brides, polygamy or female genital mutilation are taking place. Never mind that there’s already a tip line in place – it’s called 911 – it seems ripe for reporting on neighbours as a general xenophobic policy that ties up police resources that are already stretched thin. While the Twitter lit up with an attempt to turn the #BarbaricCulturalPractices into an exercise in sarcasm, there are more serious issues underlying the Conservatives’ use of the word. Back when the bill was being debated, Senator Mobina Jaffer, herself a Muslim woman and a lawyer, utterly dismantled the bill from its use of the loaded term “barbaric” to its hypocrisy in targeting polygamy by foreigners but not the community of Bountiful in BC, to the way in which it actually denies the protection of those who were forced into marriages, to the way in which the government improperly uses the defence of “provocation” to try and make a point about honour killings. It’s a masterful bit of legislative scrutiny that deserves to be read again in light of what the Conservatives are trotting out for electoral gain, and in order to put the whole issue into proper context. (That it also demonstrates the value of the work that senators can do its an added bonus).

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