Tag Archives: Equalisation

Roundup: Fighting to preserve parliamentary privilege

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Senator Mike Duffy’s court challenge started yesterday, and the Senate as a whole fought back to have the Chamber excluded from his lawsuit under the rubric of parliamentary privilege. The Senate’s privileges include the ability to discipline its members – and this needs to be reiterated firmly, because as a self-governing body with institutional independence, that’s the only way that senators can be disciplined outside of a criminal process. This is also why there is a differentiation when it comes to the judge asking the hypothetical about the Speaker shooting someone – privilege does not necessarily cover criminality.

Part of what Duffy’s lawyers are trying to argue was that the Senate’s punishment of his suspension without pay should be subject to judicial review because he was acquitted of all charges by the Ontario Superior Court. The problem is that he was found to have broken several of the Senate’s rules, regardless of what the court found, and the Senate is empowered to deal with those breaches as they see fit – not to mention, it was also about making sure that discipline was seen to be done, which was important for a body that was facing scandal and public outrage. This doesn’t mean that they went about it in the best way, however – the pressure (especially coming from PMO, which the Senate leadership at the time capitulated to) wanted to have these suspensions out of the way immediately, and so Duffy’s interventions were cut short, and Senator Pamela Wallin never got her chance to defend herself at all because of the haste. Due process was not necessarily followed, and yes, that’s a problem. However, that is not a problem that can be sorted by means of judicial review, because that would undermine the Senate’s ability to be self-governing (just like the Senate subjecting itself to external financial control like the Auditor General wants would undermine its privileges and ability to be self-governing).

It can’t be understated how damaging it will be if we let the courts start interfering in the operations of Parliament, in either the Commons or the Senate. The constant injunctions to legislation, the threats of lawsuits, the massive breach of the doctrine of separation of powers – it’s not something that we should mess with. Duffy may feel he was treated unfairly – and maybe he was to an extent – but it’s no reason to start pulling bricks out of the wall when it comes to privilege. And if the judge has any sense, she’ll respect that separation and take the Senate out of the lawsuit.

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Roundup: Fixes to a strained system

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An independent report on Canada’s refugee determination system was released yesterday, and it recommends various ways to completely overhaul our system, most drastically that it calls for it to be reformed into an agency that reports to the minister, rather than maintaining the quasi-judicial Immigration and Refugee Board. It’s a recommendation that worries groups like the Canadian Council of Refugees because part of what the strength of the IRB is that it’s a quasi-judicial body, and that ensures that there is much greater due process in the system. It’s not perfect, mind you, but that’s an important value of a system that determines what can be life-and-death situations for refugee claimants to have. It’s not a surprise that the system is under stress, not only because of the influx of irregular border crossers, but because the government has been slow to fill vacancies on the board, which cascades through the system, causing delays and huge stresses for claimants (and their lawyers). And if the government could fill those vacancies and add resources to the system in order to clear the backlogs (which were created when the previous government reformed the appointment process under their watch) that would help, but they’ve been apparently in no rush to do so.

Speaking of the influx of irregular border crossers, Toronto’s mayor is complaining to the provincial and federal governments that they’re maxed out on shelter space for those migrants that have travelled to Toronto and want more help in housing them – after having received $11 million in additional funds from the federal government. Part of the problem is that they haven’t been able to find suitable spaces, and additional money can’t build new shelters overnight.

Meanwhile, CBC has an analysis piece about whether suspending the Safe Third Country Agreement would lead to a massive influx of new claims on our system. The answer is a decided maybe, but what’s not really addressed in the piece is the fact that the Agreement virtually eliminated the practice of asylum shopping, where people would make either simultaneous claims in the US and Canada or would try the other if one was due to fail. It is a problem that strains our resources (which are already strained), and it can’t be discounted as a possible side-effect of suspending the agreement.

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Roundup: Craven and unnecessary

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While Andrew Scheer continues his effort to woo Quebeckers to the Conservative cause, he’s apparently decided to start carrying the Bloc’s water for them, and yesterday morning made the “important” announcement that a Conservative government would ensure that there was a single tax form for Quebec. Which…is a problem that the Quebec government created for itself and could put an end to at any time they choose by returning to the federal tax form that all other provinces use. Scheer insists that this is about listening to Quebec, but it’s just a bit more craven than that, and yes, it’s a promise fraught with problems when you get into the details. It’s also interesting to note that his message changed over Twitter over the course of the day, which makes it all the more curious that he seems to be doing this on the fly.

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Mental health and Hill staffers

A Liberal Hill staffer, Paul Wernick, went public about a second suicide attempt, brought on by crippling depression and the stress of sixty-hour work weeks that life on the Hill is known for. His story makes some very important points that more Hill denizens should beware of – though he quit drinking years ago, there is a culture of drinking at the myriad of receptions that staffers attend with their bosses, and it can serve to self-medicate the stresses of the job, which is where things can get dangerous. There are resources available for staffers, but they may not be aware of them – Wernick says that he wasn’t, which shows that there’s still work to do when it comes to helping staffers out.

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Roundup: Delay for the sake of delay

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With Parliament now risen for the summer, The Canadian Press decided to take a look back at the rise in obstruction tactics by the opposition in the last couple of months, and some of it is blatant obstruction for the sake of obstruction. And while a number of the usual pundits decried the piece, I think there are a few things to drill into here – not because I don’t think that there are legitimate uses for opposition obstruction and filibusters (because there certainly are), but what it says about the tone of this current parliament.

There are a few examples cited in the piece about opposition tactics that don’t make sense – the insistence on running out the clock on a six-hour marathon of speeches over the Senate public bill about Latin American Heritage Month that all parties supported (though I’m unsure how, procedurally, a Senate public bill got that many hours of debate because it should have really gotten two under private members’ business), the vote-a-thon tantrum that was cynically designed to simply kill Friday hours rather than make any meaningful points about the Estimates that were being voted upon, or the hours of concurrence debates on committee reports that all parties agreed upon. The piece makes the point that there are concerns that these tactics were designed to force the government to bring in time allocation on more bills in order to get them through, so that they could turn around and accuse them of acting in bad faith after they came in promising not to use time allocation (despite the fact that it’s a defensible tactic under most circumstances).

To a certain extent, this is the government’s fault for coming in trying to play nice and operating under the rubric that all parties can be reasonable and agree to debate timetables. That hasn’t always proved true, and when Bardish Chagger’s proposals around scheduling motions like they use in the UK got shot down (legitimately – it’s not something I would have really supported because it means automatic time allocation of all bills), she warned that time allocation would be used more frequently, and it certainly appears that the opposition parties have dared her to do so with their tactics. But I do find it frustrating as a parliamentary observer that good faith attempts and allowing more debate gets abused in order to try and embarrass the government rather than making parliament work better, and then they can complain when the government has to play hard(er) ball. We already know that the rules in which we structure debate here are broken and need to be overhauled to ensure that our MPs are actually debating rather than simply reciting speeches into the void, and that they in fact can encourage this kind of dilatory behaviour. The measures that Chagger proposed to make Parliament work better wouldn’t have actually done so, but I don’t think it’s illegitimate to shine a light on delay for the sake of delay because it does highlight that there are problems with the rules at present. But we need to get over the kneejerk reactions that calls to do so are about partisan purposes rather than about the health of our democracy.

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Roundup: Equalization, feigned outrage, and outsourced research

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Apparently, we’re talking equalisation again after it was “revealed” that the current formula was renewed for another five years in the budget implementation bill and nobody cottoned on to the fact. Err, except that it was right there for everyone to see. And so you have a bunch of performative outrage from the likes of Jason Kenney about how this was the “deceitful scrapping of Equalization Renegotiation talks,” which is of course, utter bullshit but he need to create outrage that will drive his base – because if there’s anything that will be guaranteed to drive outrage in the West, it’s the deliberate lies being spread about how equalisation works in order to make themselves look like the victims in all of this (never mind that even in the depths of the recession they had the highest fiscal capacity in the country, and the fact that they have a deficit because they made the political choice to keep taxes low and not implement a PST in Alberta). But why be truthful and talk about the system honestly when you can foment outrage with lies? Way to go there. Sure, you can make the point that there could have been more public discussions around it, but there were discussions at the federal-provincial level, despite what Kenney claims.

Which brings us back to the issue of whether or not this change in the budget implementation bill was done underhandedly. Obviously the fact that it was a) in the budget; b) in the budget implementation bill for all to see; and c) raised at committee, clearly it wasn’t being hidden very well if that was the intention. Add to that, there have been ongoing consultations at the ministerial level for months, which again, not exactly being done sneakily. Paul Wells dug into the paper trails and found all of the receipts. And yet it’s being decried as having been done in some underhanded fashion. Why? Because the Globe and Mail reported that this was done “quietly.”

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If this is indicative of any problem, it’s the fact that our opposition parties are not doing their jobs. The Conservatives have long-since outsourced their opposition to the Globeif their QP questions are anything to go by (and confirmed by this latest “outrage”), not to mention the outsourcing of yet more homework to the Parliamentary Budget Officer, and more to the fact, rather than doing their jobs of scrutinising the legislation and the budget, they spent the entire spring session railing about the India trip, inventing much (though not all) of the outrage out of whole cloth, and demanding the “costs” for the carbon tax where much of the data is already publicly available or does not exist where provinces have not yet come up with their plans. But instead, they spent their time trying to invent smoking guns that would “prove” that this government is out to raise taxes to pay for their deficits (again, ignoring that the funds from carbon prices all get returned to the provinces). If you’re the Official Opposition and can’t do your own homework, then what exactly are you doing? You’re in parliament to do a job – not to generate outrage clips for social media. And yet here we are.

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Roundup: A diminishing work ethic?

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The Senate rose for the summer yesterday after the morning’s royal assent ceremony, which I find to be extremely curious given that they were scheduled to sit for another week and had a whole new batch of bills sent to them when the House rose on Wednesday. You would think that they would want to get started on them, and possibly even pass a few more of them before rising for the summer, but apparently not, and that does trouble me a little bit. We saw this happen at Christmas, and we’re seeing it again now, where the tradition that the Senate sits at least an extra week to get through the raft of bills sent to them by the Commons is being abrogated by Senate leadership that seems less interested in demonstrating that they’re doing the work that needs to be done when MPs take off.

Speaking of Senate leadership, our good friend, the Leader of the Government in the Senate – err, “government representative” sent out a press release yesterday that pat himself on the back for all of the changes to make the Senate more independent, which he equated with making better laws. Why? Well, 13 out of 51 bills in the current session of this parliament were successfully amended by the Senate, so that must mean it’s working! Well, maybe, but it ignores the context that the current prime minister is more willing to entertain some amendments, unlike the previous one. That gives room for the Senate to propose them, but the vast majority of the amendments that do get accepted tend to be technical rather than substantive ones. Not that it doesn’t happen – the government has backed down on a couple of occasions and accepted major amendments (like with the RCMP unionisation bill, which had a Supreme Court of Canada ruling to back up the amendments), but for the most part, the government has resisted substantive amendments to its legislation, so much that you have their new appointees like Senator Pratte openly questioning why the government bothered with creating its “independent Senate” if they’re not going to listen to what it has to say. Not that I’m suggesting that the government should accept every Senate amendment, but there are recent examples where they probably should have, such as with the impaired driving bill that passed this week. There was overwhelming evidence to show that this was almost certainly unconstitutional and would create havoc within the justice system, but the government refused to listen, and senators backed down and let the government reject their amendments rather than insist upon them in the face of such overwhelming testimony. If Harder were really concerned that the Senate was improving legislation, he might not have insisted that once the government rejected those amendments that the Senate back down rather than stand up for some constitutional principles, but he didn’t. Make of that what you will.

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QP: The other conspicuous silence

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For the final QP of the spring sitting (barring unforeseen circumstances), all leaders were present, and plenty of MPs kicked off with statements of thanks to spouses and supporters. Andrew Scheer led off, mini-lectern on desk, reading congratulations for his new MP, before reading some aged talking points about the India trip. Justin Trudeau first congratulated the new MP, and thanked the pages and the Commons staff, but didn’t respond to Scheer’s question. Scheer read the laundry list of the prime minister’s supposed sins, worried about his reckless spending. Trudeau responded with a reminder about the investments they have made in the middle class. Scheer breathlessly read the costs of upgrades to the PM’s residence at Harrington Lake, and Trudeau stuck to his talking points about investing in the middle class, avoiding Scheer’s bait. Scheer tried again, and this time Trudeau took up a script to talk about the NCC’s responsibilities in maintaining official residences. Scheer tried yet again, and Trudeau sanctimoniously talking about all of the problems facing the country and the world, while that was what Scheer was focused on. Guy Caron was up next for the NDP, and demanded to know if the US was still considered a safe country for asylum seekers. Trudeau took up a script to respond that Canadians are concerned, and they were looking for ways to modernize the Safe Third Country Agreement, and they were monitoring the situation. Caron demanded that Trudeau denounce what was going on, to which Trudeau reiterated that the situation was unacceptable and they were monitoring it. Jenny Kwan took over in English, louder and angrier, and Trudeau took his script back up to repeat that what’s happening is wrong, and that he would stand up for those seeking refuge. Kwan tried one last time, and got the same answer.

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Roundup: Decrying unfairness while ignoring logic

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As the countdown to Kinder Morgan’s deadline for some kind of reassurance around the Trans Mountain pipeline expansion draws near, we’re starting to see a lot of angry commentary from Western conservatives, and not all of it is very well thought out. Yesterday, former Wildrose leader Brian Jean took to the Financial Postto say that Alberta needs to demand a “fairer deal” from Canada…but made a litany of errors and misrepresentations, and gaps in the logic of his own conclusions. Andrew Leach laid out many of them here:

I would add that Jean also disingenuously ignored the fact that the Federal Court of Appeal ruled that the Northern Gateway process didn’t adequately consult the First Nations to a constitutional standard, which was entirely the fault of the Harper government and not Trudeau. And for his complaints around Energy East, he also ignored the fact that while the NEB said that they would look at downstream emissions as part of their analysis, Cabinet broadcast that their criteria for approval had not changed, and it did not include those emissions profiles. It also ignores the economics of the situation, that Energy East was the most expensive option now that Trans Mountain and Keystone XL had been approved. It also gives the false notion that it would allow Alberta oil to flow to Eastern refineries for the sake of “energy security” when those refineries are not built to handle the kind of heavy crude that Alberta exports, and thus the majority of it would not wind up in Canadian gas tanks. But hey, why do facts matter when you’re trying to stir up anger?

And anger over equalization is so easy to stir up when you constantly misrepresent the issue. It’s not a cheque that the province hands over – it comes mostly out of personal income taxes. It’s a federal programme, and the reason Alberta pays more into it and doesn’t get it is because Albertans have the highest incomes in the country, and the fiscal capacity that their government can offer the same level of services as other provinces without crippling taxes. And when Premier Moe starts tweeting about “shipping out” equalization dollars, I think it’s fair to ask if he thinks that his province wants either the lower incomes or the reduced fiscal capacity that it would take for them to be a net receiver of equalization. (Note: He does have a point about the rail backlogs, and the federal government could have taken measures to deal with that months ago if they so chose). But seriously – these equalization/fair deal gripes are not grounded in fact or logic, and we need to remind people of that.

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Roundup: Let’s not punt it to the Supreme Court

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As the Trans Mountain pipeline expansion drama continues to chug along, we saw that Bill Morneau had a meeting with Rachel Notley and while nothing specific was announced, it was stated that something is on the way in fairly short order. Add to that, Jim Carr was doing the media rounds saying that the pipeline will get built, and it’s a question of how, which is an important clue. And then came Jagmeet Singh, who decided that his contribution to this is to insist that this all get referred to the Supreme Court of Canada in a joint federal/provincial/First Nations reference. Because showing political leadership apparently means fobbing off the tough questions to the Supreme Court. He also suffers from the delusion that the Court could act swiftly on this, ignoring that it would take six months to even pull a reference together (seriously – the Court wouldn’t hear it until the fall at the earliest). And then his environment critic went on Power & Politicsand said that even if the Supreme Court ruled in favour of the federal government and that the project could go ahead, they’d still oppose it because obviously it would be a wrong decision. Yeah. Okay.

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As Carissima Mathen explains in this segment of The House, the Supreme Court doesn’t like to be used for political purposes, reference questions are generally of general application, and even referring the question of jurisdiction to them would imply that there is doubt that the federal government has it, which settled case law clearly demonstrates that they do. (Likewise, going Jason Kenney’s route and invoking Section 92(10)(c) implies that there is doubt that these pipelines are federal jurisdiction when we know that they are, hence why it’s not only a redundant course of action, but it creates damaging precedent). And that’s why Morneau was pretty explicit when he shot down Singh’s proposal yesterday – they know they have jurisdiction, so it would make no sense to refer it to the SCC. On a related note, the BC NDP have changed their rhetoric around using every tool in the toolbox to oppose the pipeline and are now pledging to use all tools to protect their coastline and environment, likely because they got a legal opinion that said that they have no jurisdiction.

Meanwhile, Jennifer Ditchburn notes that Indigenous protests against the pipeline aren’t a side plot – and she’s right, but it’s also separate from the jurisdiction issue, and should be treated as separate. (I also suspect that the government will argue that approval was given before they legislated implementation of UNDRIP, and that they did additional consultation and created the Indigenous-lead monitoring committee, so that should satisfy Section 35). Chantal Hébert sees few options that the federal government could use that would still maintain provincial peace. David Moscrop wants everyone to cool their jets because this isn’t actually a crisis, but rather how democracy and federalism actually work. Jen Gerson looks at how this failure would be the signal of a bigger market failure in Canada, and open us up to creating an institutionalized culture of kickbacks and corruption when it comes to major projects.

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Roundup: Threatening marathon votes

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Because apparently this Jaspal Atwal issue refuses to die, the Conservatives have decided to spend today’s Supply Day motion demanding that the Prime Minister instruct the National Security and Intelligence Advisory to attend the public safety committee and give the MPs there the same briefing he allegedly gave journalists (on background). Or else.

That’s right – in order to overplay their hands, they’re openly threatening to force some forty hours’ worth of votes on the Estimates as consequence for defeating this motion – because that doesn’t come across as petulant or childish. And while they couch it in the fact that they have a responsibility to hold the government to account – which they do – they’ve also been demonstrably obtuse about this whole affair. The different versions of what happen are not impossible to reconcile – they are, in fact, eminently reconcilable. The PM has defended the facts put forward by the senior officials, and have stated that they did not put him up to it. Media outlets have since dribbled out versions of “reviewing my notes” and toning down some of  their reporting of what was actually said to show that it wasn’t actually as inflammatory as initially reported as (because by the point at which it initially happened, they were focused more on wedging it into the narrative they had all decided on rather than acknowledging what was happening on the ground if it didn’t fit that frame). Nobody has acted responsibly in this – the government, the opposition, or the media. And digging in to entrench the narrative that somehow we have damaged relations with India (not true, unless you’ve conveniently forgotten the fiction about how it led to new tariffs) and that the trip was some giant disaster (forget the investments or the constructive conversations with Indian officials) is just making it all worse for everyone.

The bigger issue, however, is the fact that this committee is not the venue for this conversation to happen, and MPs are kidding themselves if they think it is. We have the National Security Intelligence Committee of Parliamentarians to review this kind of intelligence data in confidence, and then issuing a report on what was said. Commons committees have been down this road before, and have actively damaged our national security and intelligence agencies because they can’t help themselves, and now they’re demanding the chance to do it yet again. There are proper ways to hold the government to account. This planned stunt and threat is not it.

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