Roundup: Senator Greene’s grievous error

The strange fascination with Senator Stephen Greene’s ouster from caucus has consumed far too much time and attention, and yet things keep cropping up that demand a response. Today it was his op-ed in the National Post describing what happened, and then he dropped this little gem at the end of his piece.

No. Greene is completely and utterly wrong.

The Senate may not be the confidence Chamber – that is rightfully the House of Commons – but that doesn’t mean that the Senate doesn’t play an accountability role because the whole point of Parliament is to hold the government to account. The Senate is part of Parliament. This is elementary civics for a Westminster democracy.

The way in which the Senate exercises its accountability role is different from the Commons, but it exists nevertheless. It’s not a copy of the Commons’ processes either, nor can it be redundant because composition matters. Sober second thought is actually a form of accountability that relies on checking government legislation from a less partisan lens that is removed from the grasping for votes that afflicts most MPs, for whom populist considerations can blind them to bad policy – something the Senate can call out by virtue of the fact that they’re not seeking re-election.

That institutional independence – not seeking re-election, tenured so that they can’t be easily removed by the government of the day, given job security until age 75 so that they’re not compromising themselves in seeking post-Senate employment – it all adds up to the ability to hold the government to account in a way that the House of Commons simply cannot do. That’s why the Senate has the unlimited veto power that it does – because sometimes a government with a majority will pass blatantly unconstitutional legislation because it’s politically popular to do so, but as we all know, populism is not democracy, and the Senate safeguards that principle. That is an accountability function.

That Greene is unable to make that distinction is a problem, and it’s especially a problem because he’s been leading the charge with the modernisation push in the Upper Chamber, and his is a vision that is looking to see partisan caucuses diminishing. As I’ve said on numerous occasions, the ability to have a coherent opposition in the Senate is a key Westminster feature and a guarantor off accountability, which simply cannot be done effectively if the Chamber is a collection of 105 loose fish. That the Senate is more vigorously examining and amending legislation now is not a bad thing, but we are probably at the peak of what we can or should be expecting in terms of activism without senators engaging in overreach. But to think that this isn’t accountability is simply ignorant.

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QP: Happy clappy budget points

With most of the benches filled, MPs were settling in after a constituency week, but Rona Ambrose was absent for some unknown reason. Denis Lebel led off, immediately railing about deficit and family tax credits being imperilled in the budget. Justin Trudeau responded with his well-worn talking points about lowering taxes for the middle class while raising them on the one percent. Lebel switched to English, noted the American promises to lower smaller business taxes, and demanded that Trudeau follow suit. Trudeau noted that they were working to grow the middle class, and gave the same points about tax cuts. Lebel worried about airports being privatized, for which Trudeau told him to wait for Wednesday’s budget. Candice Bergen was up next, worried that the government was ramming bills through and worried that they wanted to bully through changes to QP so that he only has to show up one day per week. Trudeau avoided answering, and praised their programme to date. Bergen moved onto plans to change the Commons calendar to four days per week, but Trudeau noted that they were happy to open a discussion on making Fridays a full day instead of half days “like the Conservatives seem to want,” which was a clever bit of evasion. Thomas Mulcair was up next, railing that the government didn’t have a mandate to privatize airports. Trudeau explained that the Infrastructure Bank was a way of leveraging global investment, but more details would have to wait for Wednesday’s budget. Mulcair asked again in French, and Trudeau retreated to talking points about growing the middle class. Mulcair moved onto funding First Nations child welfare funding, and Trudeau gave his usual lines about the historic investments to start the long work of reconciliation. Mulcair then demanded that stock options tax loopholes be closed, but Trudeau again returned to his middle class talking points.

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Roundup: Recall legislation nonsense

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

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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QP: Vague tax replies to disingenuous questions

While Justin Trudeau jetted off to Europe, other leaders were present for caucus day and most of the desks were full for QP. Rona Ambrose led off, worrying about the PM raising taxes while the Americans plan to lower them — a dubious premise at best. Bill Morneau responded by reminding her of tax cuts they made and the Canada Child Benefit to help families. Ambrose wanted an example of a fiscal policy changed with the dawn of the Trumpocalypse, and Morneau responded by talking about meetings they’ve had with American counterparts. Ambrose gave some vague concern about the deficit, to which Morneau noted the importance of making investments in the economy and the number of jobs created since. Ambrose decried the movement of the immigration case processing centre in Vegreville as an “attack on rural Canada,” to which Ahmed Hussen reiterated assurances that the relocation would allow for the creation of new jobs in the province. Ambrose noted that it would impact the entire town, but Hussen repeated his points. Thomas Mulcair was up next, decrying that the Liberals didn’t bring up Trump’s “hateful” policies on their trip and that they were doing nothing about things like people being turned away at the border, and Ralph Goodale stood up to assure the House that Mulcair was wrong, and that they were collecting data that could be used to deal with Homeland Security regarding these individual instances being reported at the border. When Mulcair asked again in French, Goodale retorted that repeating a falsehood didn’t make it true. Mulcair went back to English to raise that Muslim student turned away at the border but veered into ethics issues, and Chagger reminded him that the PM would answer all questions posed by the Ethics Commissioner. Mulcair wondered what their response would have been if Harper had been so accused, but Chagger didn’t change her answer.

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QP: No responsible path forward

After the prime minister spent his morning hearing from youth about their issues (and, interesting enough, electoral reform was not brought up), he was in QP, ready for the grand inquest of the nation. Rona Ambrose led off, bringing up the Globe and Mail investigation on “unfounded” sexual assault complaints in the country, and about ensuring that the RCMP have sufficient training to deal with it. Trudeau said that they were working to address gender-based violence and sexual assault and making changes at the institutional level. Ambrose changed topics to fears that jobs would end sent south for lower taxes and slashed regulations, to which Trudeau pointed out their record of tax cuts and enhanced child benefits. Ambrose pressed the topic on trade issues, and Trudeau pointed out how many American jobs depended on trade with Canada. Denis Lebel went for another round in French, got the same answer, and for his last question, Lebel worried about softwood lumber. Trudeau noted that he has talked about it with the Americans constantly, and that they remain engaged on the topic. Nathan Cullen led off for the NDP, wailing about proportional representation. Trudeau reminded him that there was no consensus and no responsible path forward. Cullen railed about broken promises, and Trudeau pointed about other progress on the democracy file before reiterating that there was no consensus. Alexander Boulerice picked up to give the angry denunciations in French, and Trudeau hit back by talking about working in the best interests of the country. He then tried to insinuate that the PM was lying and got cautioned by the Speaker for it, not that Trudeau’s response changed.

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Roundup: Losing crucial regional perspectives

As the hollowing out of the Press Gallery continues, we lost a fairly unique voice yesterday, being Peter O’Neil, who was writing for the Vancouver Sun. While he is but yet one more journalist who has been let go in this period of bloodletting, his was a fairly unique position of being the only “regional” voice left in a major chain paper. Yes, we still have the Winnipeg Free Press and the Halifax Chronicle Herald sending journalists to the Hill rather than just buying wire copy (which they still do, mind you), but those independent papers, and that does make a difference.

Once upon a time, each local paper for the major chains sent someone to Ottawa to cover stories here from the local perspective rather than rely solely on national reporters to feed stories to them. It allowed for local concerns to be brought to MPs here, and for the MPs to better engage with their local papers from Ottawa – especially as they had someone who knew their home ridings here to keep them honest. That’s all gone now. And part of why this is a problem is that there has been a proven correlation between the loss of regional reporters in the Press Gallery and a decline voter turnout in those communities where they suffered that loss. (There are academic studies on this, but my GoogleFu is failing me on this one, but yes, this was a subject frequently discussed during my master’s programme). And now, with even fewer national reporters there to do the daily reporting plus trying to get any kind of perspective, we no longer have reporters doing the same kinds of accountability on MPs themselves rather than just of the government. Peter was the last of the regional voices from the big chains, and because Vancouver has a particular unique political culture of its own, that was an important perspective to have. In fact, it’s one of the reasons why he wound up writing the biography of former Senator Gerry St. Germain – because St. Germain knew that O’Neil knew West Coast politics, he could trust him enough to tell his story. That’s not an insignificant thing in a country with big regional differences like Canada has. And this becomes a growing problem as we lose more and more journalists and positions here in Ottawa, which we need to figure out how to reverse, one way or another, before things deteriorate to the point of no return.

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Roundup: Butchered applause lines

Now that the French “debate” has passed, it looks like today is the day that Kevin O’Leary will announce his candidacy for the Conservative leadership – something most of the other candidates will probably welcome given that it will divert everyone’s attention from the embarrassing debacle that was the “debate,” and I do use the term loosely. As with previous events in this contest, there was no debate, just a line-up of talking points, only this time it was mostly in mangled French, some of which was utterly incomprehensible.

Not to say that there wasn’t some artificial drama during the horror show. Kellie Leitch in full butchered French and Steven Blaney both had their sight set on Maxime Bernier and attacked him out of the gate (while Erin O’Toole, in very slow sentences, pleaded with them not to fight), and for the first 45 minutes at least, all anyone could talk about was supply management, before the moved onto softwood lumber – because apparently dairy and forestry are Quebec’s only two industries. And then when it came to questions of national security, it was all manner of fumbled pearl-clutching (and it was like you could watch them grasping for that strand of pearls and missing it every time) as a number of them insisted that they were for immigration but wanted to ensure that they weren’t letting in terrorists. Brad Trost decided to go full-Trump and declare that we ban immigration from “pro-radical Islamist” regions (but don’t worry, he doesn’t hate all immigrants – he married one!).

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If you’re looking for a professional evaluation of everyone’s proficiency in French, CBC assembled an expert panel to grade everyone, and based on my own personal observations, Lisa Raitt did better than most expectations (but was still mostly reading her responses), and Chris Alexander, for all of his other weaknesses in this race, had one of the best grasps of the language of any of them. Rick Petersen, the other also-ran who doesn’t have a seat, also had a really great grasp of French and was one of the only people speaking off the cuff – doubly impressive given that he’s an Anglo and not Francophone. And as for Deepak Obhrai, people keep saying “points for trying!” or “At least he showed up, unlike O’Leary!” well, there were actual times when he was just uttering phonetic gibberish – and pointing while doing it.

But, as Martin Patriquin writes, none of this is going to matter after a few hours today because once O’Leary is in the race, none of it is going to matter.

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Roundup: Harder’s wrongheaded impatience

Our good friend Senator Peter Harder is at it again, going to the media about his frustrations that Senate modernization isn’t going his way. The current complaint is twofold – one, that they haven’t adopted all of the Auditor General’s recommendations; and two, that the rules allow for senators to delay debating bills for lengthy periods. So, let’s break it down.

First of all, the AG’s recommendation that the Senate require an external audit committee to provide some kind of “external validation” was a Very Bad Recommendation. I’ve argued this time and again, and I’ll say it again right here – the Senate cannot be put under external oversight because parliament is self-governing. This is a very important consideration that the AG doesn’t understand. I don’t care how many government departments and private companies use this external validation – they are not parliament and parliament is self-governing. That means that the Senate must police itself, no matter how much the AG seems to find that to be a problem (and considering how very little his audit found for how much it cost, as problematic and arbitrary as it was). And yes, an audit committee is an idea that could include external members but must have a majority of members from the Senate on it, non-negotiable. If Parliament cannot govern itself, then we might as well just declare that the past 148 years of Responsible Government were just a failed experiment and we might as well tell the Queen to take over and rule us directly again. I’m not even kidding. If Harder can’t grasp this fundamental concept, then that is a problem.

The other point, about delays, is as much Harder’s own failing as Government Leader – err, “government representative” than anything. If government bills need swift passage, he needs to make the case to the Senate, and if there are delays, then he has tools at his disposal including time allocation, which he must again, make the case for swift passage. And there are a lot of bills that the Senate does dispose of relatively quickly, particularly because the Commons likes to dump them on the Senate shortly before Parliament rises for either the holidays or summer, and implore that they get passed post-haste, and most of the time, they are. And just like with the Senate’s veto, there are sometimes cases where delay is warranted for any number of reasons, including that it’s a bad bill (such as the single sports betting bill in the previous parliament). The Senate is not a rubber stamp; changing the rules to force them to be more “disciplined” in how they debate is seriously close to curtailing the privileges of parliamentarians to suit the government’s agenda. Parliament is there to keep a check on the government, not simply nod everything through. This is one more piece in the concerning pattern that Harder is looking to make changes to an institution that he doesn’t understand and will cause lasting damage if he’s not reined in.

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Roundup: Chagger on fundraising

Government House Leader Bardish Chagger talked to the Huffington Post, and the headline had all of my media colleagues grasping for their pearls as she declared that the House of Commons was not the place to discuss Liberal fundraisers. And if I’m going to go full pedant on this, she’s right – to an extent. On its face, fundraising is party business and really nothing to do with the administrative responsibility of the government. Why this current round of eye-rolling nonsense around so-called “cash for access” fundraising (which isn’t actually cash for access in the sense that we got used to talking about with Ontario) is because the opposition is trying to link those fundraisers with conflicts of interest from the government, all based on insinuation with no actual proof of quid pro quo. But because there is this tenuous connection, the questions are being allowed, and they get to make all manner of accusations that would otherwise be considered libellous before the cameras under the protection of parliamentary privilege. Indeed, when Ambrose accused the government of acting illegally with those fundraisers, Chagger invited her to step outside of the Chamber to repeat those accusations. Ambrose wouldn’t, for the record.

Where this might resonate are with memories of the previous parliament, with endless questions about the ClusterDuff affair, and the operations of the Senate, and those various and sundry questions that came up time and again, and which were rarely actually about things that were the administrative responsibility of the government. And every now and again, Speaker Andrew Scheer would say so. But contrary to the opinions of some, this wasn’t something that Scheer made up out of thin air.

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In fact, Scheer was too lenient for many of these questions, and there are sometimes that I think that Regan is even more so. Most of the NDP questions asked during the height of the ClusterDuff affair were blatantly out of order, asked for the sake of grandstanding. That the questions with the current fundraising contretemps have made this tenuous link to government operations and decisions is the only thing that makes them marginally relevant to QP. That said, the hope that this will somehow tarnish the government or grind down their ethical sheen generally depends on there being actual rules broken or actual impropriety, which there hasn’t been. Meanwhile, a bunch of issues that the opposition should be holding the government to account for are languishing because they need to put up six MPs a day on this. But hey, at least they’re providing clips to the media as opposed to doing their jobs, right?

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