Tag Archives: Hunter Tootoo

Roundup: The lobbyist’s Senate speculation

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Courtesy of the Hill Times comes a hot mess of an article that speculates that the new independent Senate is going to have a much more active policy role upfront in the future, which…I’m not so sure about. The thesis of this former MP-turned-lobbyist is that the Trudeau gang knows exactly what they got into with their Senate reform plan (err, I’m really, really dubious about that based on what I’ve seen to date), and the loss of top-down Senate management means that Senators need to be brought into the legislative process from the conceptual stage rather than in their current role as revising and amending. Okay, so while his point that no government can take the Senate for granted anymore is true to a certain extent, most governments have paid a price when they did and found that the Senate wasn’t willing to put up with it. And it’s this particular passage that really makes my skin crawl:

Mr. Jordan said that with new dynamics in the Red Chamber, Senators could prove to be a useful ally of opposition parties and lobbyists, especially in majority governments when governing parties can pass any legislation they wish in the House of Commons. So, if an opposition party or a lobby group wants to stop the government from doing anything, their best bet would be to reach out to Senators.

“You could now go to the Senate and rally support,” Mr. Jordan said. “Make your case.”

It feels a little too much like Jordan, a lobbyist himself, is licking his chops at the prospect. It also undermines the role of the Senate as a kind of constitutional safeguard, who has the power of unlimited veto and of institutional independence to say no to a prime minister with a majority when there is no other option to stop an unconstitutional bill, not to become a partisan competition with the Commons. In fact, the Supreme Court reference stated explicitly that it was not the role of the Senate to be that competitor, and yet this is what Jordan both envisions and says that Trudeau must have known when he started making his push for a more independent upper chamber. (Again, I have my doubts). Turning the Senate into the tool of the opposition and lobbyist allies is antithetical to its nature and its purpose, and for him to start putting this kind of nonsense out there is not helpful, whether as a point of speculation or as a meditation on where senate reform is headed. And if anything, it proves that Trudeau didn’t know what can of worms he opened when he kicked his senators out of caucus, but here we are.

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Roundup: Another day talking in circles

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We’re in for yet another round of wailing and gnashing of teeth on the subject of the electoral reform process, and this time it’s from the NDP who are moving a supply day motion to try and get the proposed parliamentary committee to reflect their particular gamed composition rather than a composition that reflects the House of Commons – which, I will remind you, was elected entirely fairly and correctly under how our system is supposed to operate, where we elect individual seats in separate and simultaneous elections. Demands that the committee should reflect the popular vote ignore the facts that a) the popular vote is a logical fallacy that does not actually exist since there were 338 separate elections and not just one, and b) the composition that the NDP are demanding is not actually proportional to the “popular vote,” as they are giving the Bloc and the Green Party an oversized share of the seats and votes. And rather than just thirty minutes of this endless repetition as we might hear in QP, no, it will be the whole day in the Commons, minus one hour for private members’ business. And we’ll be subjected to the sanctimonious speeches of the NDP (of which they will read the same speech in English and French ad nauseum, only changing the riding names mentioned), followed by baying from the Conservatives that what we really need is a referendum, and the odd interjection from Elizabeth May that she deserves a vote on the committee and that no, we don’t need a referendum because it’s not a constitutional issue (except that certain kinds of electoral reform are actually constitutional issues, albeit likely with the simplest amending formula). And then there are the Liberals, where we’ll get some of the usual saccharine from Maryam Monsef, some sharper rebukes from Mark Holland, and the odd backbencher repeating the talking points about Canadians demanding a change to the system. There won’t be any substantive issues discussed, and while I will be the first to say that yes, process is important, so long as each side tries to game the process to fit their own purposes, we’ll just keep talking in circles and go nowhere. Which, really, is where this discussion should go and we should instead invest in a programme of civic literacy instead so that people can actually learn how the system works. But in the absence of that, I’m ready to declare that we should nuke the whole thing from orbit.

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Roundup: An affidavit in error?

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Another interesting twist has emerged in the saga of the satellite offices, and the quixotic quest to have the Board of Internal Economy decision challenged in Federal Court. While the NDP crowed that the court accepting their “expert opinion” affidavit, it seems that the legal opinion given to the Board is that this is a Very Bad Thing that needs to be challenged, because allegedly this sets up some kind of terrible precedent. As well, because the acceptance of the affidavit was by a court official and not a judge – meaning probably a prothonotary – this is also somehow significant and material to the challenge. I’m certainly not an expert in civil procedure, and welcome the comments of those who are, but my own particular reading of this is that this is apparently something that should have been laughed out of court right off the start, rather than allowing a judge to actually get the affidavit, read it through, and then telling the NDP to go and drop on their collective heads in a scathing judgment because there is such a thing as parliamentary privilege and it’s an important concept that parliamentarians govern their own affairs. Which of course may explain why the NDP were so giddy as to alert the media that their affidavit was not laughed out of the room in the first place, even though I will remind you that having an affidavit accepted is a far cry from actual victory. Mind you, I do think that this is an issue of parliamentary privilege (for which I explained the reasons here), so perhaps the Commons’ legal advice is worth noting that it means that the affidavit should have been refused after all. But like I said, I’m not an expert in civil procedure, so I await responses from those in the know.

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Senate QP: A bold experiment

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The Senate had already exhausted its Order Paper for the day, and was recessed until the big show as ready to get underway. When Fisheries minister Hunter Tootoo arrived and the Chamber reconvened in Committee of the Whole, so that Tootoo could be on the floor of the chamber, things got underway. Senator Carignan led off, asking about the promise for marine protected areas, and whether there would be compensation for fishers who could no longer fish in these waters. Tootoo first wanted to note that he was honoured to appear before them, and noted his years of service in a consensus-based government made it even more fitting that he was the first minister to answer questions there. Tootoo then turned to the question, and spoke about working with local communities and industries that are affected. Carignan noted that consultation was one thing, but compensation was another. Tootoo said that protecting these areas was the right thing for Canada, and because the process would be open, there would be no surprises.

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