QP: Pipelines and weed puns

It was Justin Trudeau’s first day back since the Francophonie and since Castro’s death, and one just knew that it was going to be everyone’s preoccupation. Rona Ambrose led off on the subject of pipelines, the big announcement coming after the markets close, and she wanted assurances that he would ensure that any approved pipelines get built. Trudeau started off by reminding the Commons that strong environmental protections were fundamental to economic growth, and that was a principle he was following. Ambrose then moved to the Castro issue, wondering what he was thinking of when praising him. Trudeau reminded her that whenever he travels, he always brings up human rights and he did in Cuba as well. Ambrose repeated the question in French, got the same again, and then moved onto the allegation that Bill Blair was hitting up marijuana lobbyists for donations. Trudeau fell back to the talking points about the rules, and when Ambrose raised that he admitted to talking up investment at his own fundraisers, Trudeau wasn’t moved, and stuck to praising the rules that were being followed. Thomas Mulcair was up next, insinuating that there was someone with canola interests at a fundraising dinner. Trudeau noted the widespread concern about the canola restrictions and his government secured market access for all farmers. Mulcair asked about the Blair fundraiser in French, Trudeau gave the rules points in French, and then Mulcair moved onto the Kinder Morgan process, calling it a betrayal. Trudeau noted the consultations they had with all sides, and that they were in the balance between a party that wants blanket approvals and another party that wants all things shut down. Mulcair went another round in French, and got the same answer.

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QP: Having trouble with the concept of a charitable foundation

While the PM headed off to Africa for the Francophonie summit, the other major leaders were present, ready to go. Rona Ambrose led off, mini-lectern on desk, railing about the menace of Chinese billionaires, apparently selling out the country for Liberal party donations. Dominic LeBlanc reminded her that only Canadian citizens can donate to political parties, and there was full disclosure. Ambrose insisted there was a conflict of interest with government business being discussed there, and LeBlanc deflected, noting the broad consultations that the government engages in all the time. Ambrose raised the case of a judge striking down a mandatory minimum sentence on a child sexual offence, and railed about the PM defending the judge. Jody Wilson-Raybould noted that they take child sexual offences seriously and that they are looking at criminal justice reform with an eye for maximum discretion for judges. Ambrose asked in French, and got the same response. Ambrose then moved onto the issue of Yazidi refugees and the inadequate number being targeted for relocation, and John McCallum stated that the number quoted was not the one that they were working with. Thomas Mulcair was up next, railing about cash-for-access and insinuating that the country was being sold out to these donors. LeBlanc reminded him that the Chief Electoral Officer praised the fundraising rules. Mulcair switched to French to note the donation by that Chinese billionaire to the Pierre Elliott Trudeau Foundation as a conflict of interest. LeBlanc noted that the foundation was an independent charitable organization that former MPs Chuck Strahl and Megan Leslie sat on the board of. Mulcair moved to the topic of Kinder Morgan and its pending approval, to which Jim Carr reminded him of the added consultation process they applied to it. Mulcair thundered about the same approach being taken by the Conservatives, and Catherine McKenna asserted that the process was led by science and fact.

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Roundup: The pull of status quo

The wailing and gnashing of teeth of the electoral reform crowd is about to get worse, as they will soon convince themselves that the government is out to kill their dreams of a new electoral system. Why? Because after the committee demanded that minister Maryam Monsef give them a report of the electoral reform consultations she’s received, she’s told them that those consultations are showing fairly strong support for the status quo, and that there is no consensus on what kind of electoral reform that people prefer. Add to that, there is apparently a strong preference for the local representation connection in their various values questions, which goes toward supporting the status quo argument. I’m fairly thrilled to hear about so much support for team status quo and hope that this bolsters the case to abandon this whole foolhardy process, but I fear we’re still a little ways away from that as of yet.

Meanwhile, our friends at Fair Vote Canada are baying at the moon that the new survey the government plans to open to Canadians is biased toward the status quo based on sample questions they found on the testing site. Except of course that those aren’t the actual final questions on the survey, and the questions were generated by the company for testing purposes rather than the government for their actual survey, so no dice (yet) on that particular conspiracy theory. Nevertheless, killing this whole electoral reform headache can’t come fast enough, nor can the justifications based on the “values” quizzes by the government. Then maybe we can focus on the real problems, like civic literacy and engagement, rather than trumpeting solutions in search of problems.

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Roundup: Policy or privilege?

Yesterday after QP, NDP trade critic Tracey Ramsey raised a question of privilege in the Commons, claiming that the tabling of CETA implementing legislation was contrary to the rules, not only because it didn’t follow the 2008 departmental policy on tabling treaties which lays out that 21 sitting days be given before introducing any such bills, and because it didn’t contain any explanatory memorandum.

They key phrase to remember in there is that it’s a departmental policy and not a standing order or other rule of the House of Commons, which means that this point of privilege is pretty much doomed to fail – and this was pretty much Bardish Chagger’s brief submission to the Speaker in advance of a more robust response to come at a later date. I would add that while Ramsey says that it’s unfair that Parliamentarians have to digest all 1700 pages of the treaty on their own without these explanatory memoranda, it’s not like these details have been in the dark. The text of the agreement has largely been available for a year now at least, which is a lot of time for the parties to do their research on the agreement, and yes, this is why they have research budgets and staff who can assist with these sorts of things. And it also sounds a bit like the opposition is complaining that the government isn’t doing their homework for them. Maybe I’m wrong, but that would certainly fit with the trend that has developed across the board in the House of Commons – that MPs expect everyone else to do that homework on their behalf, whether it’s the Parliamentary Budget Officer, the Auditor General, or any other Officer of Parliament.

I would also add that many of the changes that the Conservatives made policy-wise to things like treaties and military deployments were done under the illusion of giving the House of Commons a greater role to play when many of these matters are actually Crown prerogatives that they were looking for political cover in exercising, or in partisan gamesmanship designed to divide the opposition. I’m not sure how much this particular 2008 policy is a reflection of that Conservative mindset, but if the way the government went about this was a more traditional exercise of prerogative powers, then that’s all the more reason for them to do so, rather than to continue to indulge some of the bad habits that the Conservatives put in for their own purposes.

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Roundup: Accountability that never was

It feels like a while since I’ve had to go to bat for the existence of the Senate, so Robyn Urback’s column in the National Post yesterday was pretty much the bat-signal shining in the sky. To wit, Urback somewhat lazily trades on the established tropes of the Senate, and takes what was a joke on the part of Senator Nancy Ruth about airplane food (cold camembert and broken crackers was a joke, people! Senators are allowed to have a dry sense of humour, last I checked) to clutch her pearls about how terribly elitist and entitled our senators allegedly are (when really, the vast majority are very much not).

Urback’s big complaint however is that despite Justin Trudeau’s promises of change to the institution, giving it more independence is apparently all a sham. There are a few problems with this hypothesis, however, and most can pretty much be chalked up to the run-of-the-mill ignorance of the institution, its history, and its proper function in our parliamentary system. Her complaints that the rules that allowed Senator Mike Duffy to claim all of those expenses is wrong, because rules have tightened since, and the fact that he can still claim for his Ottawa residence is the reality that comes with what we are asking of Senators. The problem with Duffy is that he never should have been appointed as a senator for PEI, and he was shameless enough to claim the expenses for his Ottawa residence without actually making a legitimate point of having an actual full-time residence on the island and a small condo or apartment in Ottawa for when the Senate was in session. Complaints that the Senate Liberals are simply declared to be independents while still remaining partisans ignores the substance of how they have behaved in the time since Trudeau made the declaration, and the fact that they have been kicking the government just as hard, if not harder, than the Conservatives in the Senate since Trudeau came to power. This is not an insignificant thing. But then there is Urback’s ultimate complaint, revolving around a canard about who senators are accountable to.

https://twitter.com/scott_gilmore/status/778683110376431618

The Senate was never made to be accountable to parties or party leaders. The whole point of the institution, and the very reason it was constructed with the institutional independence that it has (non-renewable appointments to age 75 with extremely difficult conditions for removal) is so that the Senate can act on a check for a prime minister with a majority government, and they have numerous times since confederation. It needs to have the ability to tell truth to power without fear of reprisal, and that includes the power to kill bad bills – because they do get through the Commons more often than you’d like to think. They have never been accountable to a party or leader, and that’s a good thing. Sure, they can act in lockstep with a party out of sentimentality (or ignorance, if you look at the batches appointed post-2008), but this was never a formal check on their powers, nor should it be. If Urback or anyone else can tell me how you get an effective check on a majority prime minister any other way, I’m all ears, but the chamber has a purpose in the way it was constructed. Getting the vapours over a more formal independence is ignorant of the 149 years of history of the chamber and its operations.

Where Urback does have a point is in noting that the independent appointments board made their recommendations on the short-list without having conducted any interviews or face-to-face meetings. That is a problem that undermines the whole point of the appointment process, because it leaves the final vetting up to the PMO. One hopes that this will be corrected in the new permanent process that is being undertaken now, but there are still worrying signs about how that is being conducted. Self-nominations and people getting letters of recommendation seems like a poor way to get quality people who aren’t driven by ego and status, and we can hope that this isn’t all they’re replying on.

https://twitter.com/inklesspw/status/778418872185675776

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Roundup: Chagger vs Bergen

The big news yesterday was Rona Ambrose shuffling up her shadow cabinet after the summer of leadership announcements, and naming Candice Bergen as the new Opposition House Leader in the place of Andrew Scheer. What is of particular interest is that you have two fairly inexperienced people in the role in both the government and the official opposition, which could make for some very interesting times going forward.

To refresh, the role of the House Leader is to basically determine the agenda of the Commons (deputy leaders fill this role in the Senate), when it comes to determining what items will be up for debate on what days, the scheduling of Supply Days for opposition parties, and basically doing the procedural management. Why the fact that two relatively inexperienced MPs will be doing this is interesting is because we’ll see what kinds of ways that they prioritise things. (Bergen does have experience as a parliamentary secretary and minister of state, but little in the way of procedural experience as far as I’ve been able to determine). What everyone will be paying attention to in particular, however is tone. The fact that for the first time in history, it’s two women in the role is going to have people waiting to see just how that affects tone (as Rosemary Barton gave as her item to watch in this week’s At Issue), because we have been fed a number of gender essentialist narratives that women do things differently and without as much of the partisan acrimony – not that I necessarily believe it, given that Bergen herself is a pretty die-hard partisan. The added spoke in this wheel is the NDP’s House Leader, Peter Julian, whom I have it on good authority is unreasonable to work with at the best of times. When the tension between the House Leaders boiled over into Motion 6 in the spring (and the subsequent The Elbowing that broke that camel’s back), I have little doubt that it had a lot to do with Dominic LeBlanc losing his patience with both Scheer and Julian (who totally insisted that they weren’t even being obstructionist, which I find a bit dubious). So will they be able to work together to push through what promises to be an extremely busy legislative agenda? Or will Bardish Chagger need to start resorting to procedural tactics to ensure that bills can get passed without endless Second Reading debates that the opposition refuses to let collapse so that they can get to committee (which was constant in the previous parliament when the NDP were official opposition). I’m not going to make any predictions, but it is something that I am very curious to watch as the era of “openness and cooperation” rolls along.

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Roundup: Motion 6 regrets

With a tiny bit of time and distance from the ridiculous events of this week, attention is turning back to the procedural shenanigans that got us to the frayed tempers in the first place. While the Liberals promised an era of fewer procedural tactics when being sworn in, in reality it was a petty dumb promise to make because let’s face it – sometimes it’s tough for a government to get their agenda through a House of Commons that doesn’t like some of their plans, and the opposition isn’t going to go along with them. It’s not their job to, and our system is built to be adversarial in order to keep the government accountable. On the other hand, there is so much hyperbole being applied to what Motion 6 was, and what the Liberals attempted to do with it, that we need to apply a little bit of perspective sauce. For starters, while Peter Julian rants and rails about how “draconian” the motion was, those in the know on the Hill know that he is very difficult to work with as a House Leader. In fact, the word “impossible” has been thrown around if you ask the right people. And sometimes that means using a heavier hand to work around. Rona Ambrose complained that Motion 6 took away “every ability” for the opposition to hold the government to account, but I’m not sure that dilatory motions are actual accountability. They’re protests, certainly, but that’s not necessarily accountability, so points for hyperbole there. And yes, this is a problem of the Liberals’ own making, promising infinite debate on an infinite number of bills, until they ran into a bunch of deadlines that made infinite debate a problem. And we need to remember that time allocation can be a perfectly appropriate tool when used appropriately. Did the Conservatives over-use it? Yes, because Peter Van Loan was an inept House manager, and the NDP refused to let any debate collapse, which made it a regular tool. And every debate does not need to go on forever. There is no genuine reason that there needed to be 84 speakers at second reading for the assisted dying bill. None. Particularly when virtually every one of those interventions was reading a script that said 1) This is a deeply personal issue; 2) What about palliative care?; and 3) Conscience rights, conscience rights, conscience rights. That does not need to be repeated 84 times at the stage of debate where you deciding on the merits of the bill. It’s noble that the Liberals were as accommodating as they were, but in this case, the opposition demands that everyone be heard – and not during extended hours – is actually unreasonable. Likewise, when LeBlanc started the time allocation motions, it was to head off NDP procedural trickery around Bill C-10, which they are perfectly justified in doing. And now that the government has backed off from Motion 6 (which I maintain was likely the nuclear option they were presenting to try and force the opposition parties back to the negotiation table for timetables around bills, and I doubt their tales that they were cooperative given the personalities involved), we’re going to see an increased hue and cry any time a future time allocation motion is brought forward. The Liberals, by combination of a dumb promise of infinite debate combined with their tactical ham-fistedness, have hampered their own future attempts to get bills passed in a timely manner. This will make things even more difficult going forward, as more planks of their ambitious agenda get unveiled.

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Roundup: Aftermath of The Elbowing

In the aftermath of The Elbowing, the opposition decided to use it as leverage to their advantage. The morning was spent, first with a third apology by Trudeau, followed by endless debate on a privilege motion about the incident, and because privilege motions take precedence over everything else, it essentially held the Commons hostage to endless lamentations that compared Trudeau’s actions to those of a domestic abuser and drunk driver. No, seriously. The intent was clear, however – this procedural gamesmanship would keep up until the government dropped Motion 6 – their procedural nuclear option – and eventually the government did. Of course, because they backed down after showing their hand, it means that they’re going to have a much more difficult time controlling the debate in the future, with the likes of Peter Julian and Andrew Scheer opposite Dominic LeBlanc in House Leaders’ meetings, and future attempts by the government to move their agenda forward will be hard to handle as any future attempts will be met with more emotional blackmail, and already it now looks like the assisted dying bill is going to miss its June 6th deadline because of the government’s fumbling and the opposition shenanigans.

Reactions to The Elbowing were also all over the pundit class, but possibly the one that needs to be read first comes from Ashley Csanady, who reminds us that comparing Trudeau to Jian Ghomeshi after this kind of incident is really an insult to actual survivors of violence. Kate Heartfield notes that this incident is unlikely to damage Trudeau’s brand, while Matt Gurney sees the incident as one where Trudeau was trying to stay true to brand and show Decisive Leadership™ when it all went wrong. Susan Delacourt sees this as a teachable moment for the PM and his impatience with dissent in the Commons (which I don’t entirely buy given how much leeway he’s given dissent in his own caucus), and Tim Harper also sees a disdain for dissent coming out of Trudeau. Paul Wells sees this as the culmination of the corner the Liberals have painted themselves into, promising infinite debate on an infinite number of bills, while Don Braid sees flashes of Trudeau’s father and his infamous temper in this episode.

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QP: Raising the referendum temperature

With the big announcement on the trans rights bill having been made, there were plenty of members’ statements about International Day Against Homophobia and Transphobia. All of the leaders were present, and Rona Ambrose led off, mini-lectern on neighbouring desk, and asked about the review of the forthcoming NEB ruling on the TransMountain Pipeline. Justin Trudeau hit back, saying that it was the previous government that created uncertainty by not committing to protecting the environment. Ambrose insisted that the review was “very thorough,” but Trudeau repeated his response about the previous government’s failings. Ambrose changed to the electoral reform referendum issue, and Trudeau responded with his promise that the last election would be the last under First-Past-the-Post. Denis Lebel took over and asked another pair of demands for a referendum in French, and Trudeau repeated his same answer in French. Thomas Mulcair was up next, and wondered “what the hell” the government was waiting for about decriminalizing marijuana — earning him a rebuke from the Speaker. Trudeau repeated his standard points about legalization as a framework to protect kids and deprive organized crime of revenue. Mulcair switched to French to ask about a pardon for people currently convicted under the existing law, but Trudeau’s answer didn’t change. Mulcair changed to C-10, for which Trudeau insisted that it would be used to build an aerospace industry in Canada. Mulcair repeated the question in English, and got the same response.

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Roundup: Talking out the clock needlessly

As you may have heard, Conservative MPs refused to let debate collapse on Mauril Bélanger’s national anthem bill yesterday, not allowing it to come up for a vote as had been hoped in order to fast-track the bill through the process owing to Bélanger’s condition. While this has been described as a “filibuster,” it’s not quite, but it was dickish behaviour, make no mistake – particularly the fact that all of the Conservative MPs were making the same points over and over again rather than offering any new criticism of the bill (with such novel excuses that it would be a slippery slope – references to God would be next in line, and woe be the age of political correctness, and so on). As a quick explanation, private members’ business cannot be filibustered because it is all automatically time allocated. Under the standing orders, each private members’ bill or motion gets two hours of debate – each hour separated by the precedence list of 30 items, meaning about six sitting weeks – before it goes to a vote. If bills pass the second reading vote, they go to committee for a couple of hours of study before they get another two hours of debate at report stage and third reading (again, separated by the precedence list of 30 items), and then they head to the Senate, where there is no time allocation and they will often get more scrutiny – particularly at committee – but government business taking priority means that they can sometimes languish there for months. In this particular case, there was a hope that debate could collapse and there would be no need for a second hour of debate, but they also requested that they could go straight into the second hour, but the Conservatives denied consent to do so. After all, they had planes to catch back to their ridings. If Bélanger’s health deteriorates further and he is forced to resign his seat – and he did come to the debate directly from the hospital – then it would be possible for another MP to take on the bill in his stead, but that tends to require unanimous consent, and if the Conservatives continue to want to be dickish about this, then they can deny it and the bill will die without its sponsor present. And because this is a private members’ bill, no other MP can launch a similar bill in this parliament, since there are rules around debating the same bill twice. The danger for those Conservatives, however, is that the Liberals can turn around and put it into a government bill and put it through the process that way, which gives them all manner of other tools to use to push it through – particularly on the Senate side. And while nobody is arguing that the bill should pass just because of Bélanger’s health, the argument is that it should have come to a vote so that it could pass or fail at second reading. While Conservatives argue that they have a right to talk out the clock, the fact that they kept repeating themselves is a sign that this was a dilatory tactic and designed to be dickish, which is what has enraged a number of Bélanger’s supporters. And really, it’s unnecessary because it looks like they’re bullying a dying man, and no good can come of it. We’ll see if anyone is willing to trade their upcoming slot in the Order of Precedence to move Bélanger’s second hour of debate up so the vote can be accelerated, but it shouldn’t have been necessary.

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