Roundup: Share sales and the sputtering outrage cycle

As the full-blown moral panic into what financial assets cabinet ministers own continues, we see the news that Bill Morneau has indeed sold off his shares in Morneau Shepell, for what it’s worth. Not that it will stop any of the chatter at this point – the outrage cycle continues to exhaust itself, and until some new outrage crops up, we’ll continue hearing about this as it sputters and runs on fumes.

And hey, why not find out what every other cabinet minister owns? The Star did, and I’m not really sure how edifying this whole exercise was in the end. Never mind that once again we’re reaching the point of absurdity with all of this. Are there problems with the ethics and conflict of interest legislation? Probably. Were loopholes identified previously? Yup. Did MPs do anything about it then? Nope. Do they really have an interest in closing any of them now? Probably not (and no, the NDP motion that the government voted down was not indicative of anything because it also contained a bunch of other stuff, as these things so often do, that was designed to embarrass Morneau and the government had they voted for it. Because in politics, we can’t have nice things). And once you add in all of the tall poppy nonsense, we’re left with the same tiresome moralizing that we’re always left with when it comes to “perceived” conflicts that aren’t actually there but which were invented out of whole cloth with the convenient lining up of “facts” that don’t pass the bullshit filter. And then we complain that nobody wants to get involved in politics.

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Meanwhile, the Liberals are pointing out that Andrew Scheer has assets in Real Estate Limited Partnerships that are really only for the wealthy. Predictably, the Conservatives cite that he’s worth only a fraction of Morneau, and then cries of hypocrisy flew from both sides, and the outrage cycle continues to chug along.

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Roundup: The Speaker’s clock

The CBC has a video segment released today talking to Commons Speaker Geoff Regan about the countdown clock in the Commons when it comes to things like Question Period, and how he enforces the 35-second rule for questions and answers.

While it’s a nice video explanation, and demonstrates that Regan will allow a few seconds’ grace when necessary, it does go to demonstrate part of what isn’t functioning with the way we’re doing things like Question Period – or even regular debate, for that matter. By enforcing strict clocks, we’ve incentivised a culture of filling that space rather than it being an upper limit. Even in QP, where it’s a simple yes-of-no question, the temptation to fill all 35 seconds with canned talking points usually wins out (though the three-word yes-or-no Mr. Speaker replies do occasionally happen and make my day). Also, the 35 second clock encourages ministers to read replies in order to ensure that they stay within the limit rather than going over – and that tends to lead to a greater reliance on talking points than substantive answers.

As I’ve written about several times, I think this video is a demonstration as to why we need to loosen the clock. I’ve also witnessed in Senate QP where there is no defined clock, where you can get far more substantive questions and answers (though the Senate Speaker does need to reign them in a bit – some senators will speechify during a question, and sometimes the visiting minister will ramble). But loosening the clock and empowering the Speaker to better manage that time – along with a ban on scripts – will go a long way to improving the flow of debate in the Commons, rather than the farce that we have today.

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Roundup: The looming retirement of the Chief Justice

Chief Justice Beverley McLachlin announced yesterday that she would be retiring on December 15th, a few months in advance of her mandatory retirement date, in order to give the government enough time to find a suitable replacement. Why that date is significant is because it will be at the end of the Court’s fall sitting, letting her use the next six months that she is able to clear off the files from her desk and work on any outstanding judgments rather than depart mid-sitting and the organizational chaos that would follow.

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The next steps are now an important consideration. The government will not only have to name a new Chief Justice, but a new judge from Western Canada (and likely BC given that’s where McLachlin was appointed from). And in order to keep gender balance on the court it will likely have to be a woman, and in accordance with this government’s push for diversity, it will likely be a person of colour, if not someone Indigenous (and let us not forget that said person must also be fluently bilingual, which is another self-imposed criteria that this government has made for itself). This may be easier to find in BC than it was in Atlantic Canada, mind you. And for Chief Justice? My money is on Justice Richard Wagner, whom I know many close the court have already tapped as being the successor if they had their druthers.

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Of course, we’ll see if this government can get an appointment process back up and running within the six months. Experience has shown us that they seem to have difficulty with that, especially as there are still some sixty or so federally appointed judicial vacancies still remaining around the country, and a few of the Judicial Advisory Committees charged with finding candidates for said vacancies still not fully appointed either, which is a problem. Of course, they may be able to largely reconstitute the committee that oversaw the nomination of Justice Rowe, with Kim Campbell again in charge of the process, but I guess we’ll see how long that takes.

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For more reaction, here’s Emmett Macfarlane on As It Happens and in the Ottawa Citizen, and Carissima Mathen on Power Play.

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QP: Carbon taxes and foreign takeovers

On a sweltering day in Ottawa, things carried on as usual in the House of Commons. Andrew Scheer led off, railing about carbon taxes killing the manufacturing sector, never mind that in his Ontario example, it was a provincial carbon price. Justin Trudeau hit back with jibes that it was good to see that most of the aconservaties believed in the Paris Accords and that carbon pricing was good for the market. Scheer groused that they would meet the targets without a carbon price, before moving onto the Norsat sale and lack of a comprehensive security screening. Trudeau reminded him that they took the advice of national security agencies. Scheer took a second kick, needling that Trudeau admired Chinese dictatorship too much to care about national security, and Trudeau lashed back that partisan jibes like that were unworthy of this place. Denis Lebel was up next, demanding a non-partisan process to appoint parliamentary watchdogs, and Trudeau noted their new appointments and rattled off some of the diversity of the new reports. Lebel tried again in English, and got the same answer. Thomas Mulcair was up next, asking if the Der Spiegel article was true that the government was backing away from climate goals at the G20. Trudeau insisted that they have been climate leaders and pointed to examples. Mulcair pressed, and Trudeau was unequivocal that he did not say what was in the article. Mulcair then turned to the issue of court cases involving First Nations children and dialled up the sanctimony to 11, and Trudeau noted the memorandum of understanding he signed with the AFN this morning about moving forward on steps. Mulcair demanded that the NDP bill on UNDRIP be adopted, but Trudeau insisted they were moving forward in consultation (never mind that said bill is almost certainly of dubious constitutionality).

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Roundup: An unconstitutional motion

As stated for their upcoming Supply Day motion (currently scheduled for Monday, the Conservatives have drafted a resolution that would see the House of Commons express non-confidence in Minister Sajjan and Minister Sajjan alone. It’s the kind of thing that makes me want to bash my head into a wall before my head explodes because it’s so very boneheaded from start to finish.

First of all, you should read this post by James Bowden, who takes apart the motion to and shows that it is unconstitutional. What is more interesting is the fact that the NDP tried this tactic before when Rona Ambrose was minister of the environment, and the Speaker ruled it out of order then, just as Speaker Regan should this time. Why? Because one of the fundamental tenets of Responsible Government is that of Cabinet solidarity. Cabinet lives and dies as a single body – there is no dispensation given to ministers we like, or to simply cull the prime minister from the rest of them in these kinds of votes. It’s an important feature of why the system works the way it does, and trying to cherry pick it for the sake of political tactics makes one a bit queasy because this is our very system of government that we’re talking about and they should bloody well know better.

Look, I get that they’re trying to exploit what they see as low-hanging fruit with Sajjan, but along the way, they’ve been dangerously blurring the lines of civil-military relations by asserting that the troops want him gone (do they aside from a few cranks? Never mind that it’s not these soldiers’ call), and by referencing Sajjan’s actions in military terms rather than political ones. Trying to use the term “stolen valour” is also offensive, not only because it’s generally reserved for someone who dons a uniform or medals without having been in combat (which is not the case with Sajjan), but because they’re co-opting it from the military for political benefit. But now they’re trying to go against the fundamentals of Responsible Government to score what they hope will be a cheap win.

That Her Majesty’s Loyal Opposition is trying to burn the system to the ground to score a couple of points is a very serious problem, and one indicative of a party that is more focused on populist spin than they are in being principled. It’s  a disturbing pattern, and one that they should knock off before they go too far down this garden path.

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Roundup: The phantom lobbying menace

You can already hear the grumblings over social media over the headline: “As senators become more independent, meetings with lobbyists hoping to take advantage tripled in 2016.” And immediately most people go “Ooh, lobbyists are bad, so this sounds like a terrible thing.” It’s not actually true, but it’s something we’re probably going to have to unpack a little better rather than cause some mass panic (once again) about how the newly “empowered” Senate is going to be the death knell for democracy in this country, or some other such nonsense.

For starters, not all lobbying is bad. With strict rules in this country around reporting and gifts, this isn’t like the free-for-all that we’ve seen in places like Washington, where lobbyists were meeting with Congressmen in the steam room of the Capitol Hill gym, or taking them on private plane rides and giving them holidays, or showing up on the floor of the House to watch them cast votes, all while funnelling money into their re-election campaigns. While I believe they tightened some of those rules down south, we simply don’t have that kind of lobbying culture here in Canada, so get that out of your minds first of all. Secondly, Senators in Canada don’t have re-election campaigns to finance, so the influence that lobbyists can try to gain with financial incentives of one variety or another are also non-existent here, so once again, don’t try to map an Americanism onto the process here. Third, lobbying is not all corporate influence. A lot of lobbyists represent charities or non-profits, so best to keep that in mind when you see the numbers grouped together.

Meanwhile, as for what they hope to achieve, well, remember that despite the newfound “independence” of the Senate, its powers are still fairly limited. Those hoping to use this newfound power to amend more bills or delay others will find that when it comes to any amendments, they would still need to be accepted by the House of Commons, and there has been very little acceptance so far of most amendments sent back by the Senate unless it’s a glaring error. And as for delays, if it’s a government bill there are tools like time allocation and closure to force them through the system. Just because Government Leader in the Senate – err, “government representative” – Senator Peter Harder hasn’t yet availed himself of those tools doesn’t mean he can’t or won’t. So really, your mileage with how effective lobbying efforts will be will certainly vary.

The uptick in lobbying is not unexpected now that the usual central channels for information flow have been disrupted. That’s to be expected, so this increase is hardly nefarious. I’m more concerned with cabinet ministers lobbying individual senators than I am actual lobbyists, to be honest, since those meetings are less open and transparent, and they have a lot more power to grant political favours. So really, let’s stay calm about this headline, but keep an eye on things nevertheless. Trudeau’s plans for a “more independent” Senate are certainly proving the rule around unintended consequences.

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QP: Vote for my bill

Despite being in town (and just having a completed a call with the White House), Justin Trudeau was absent for QP today, for which I will scowl. Thomas Mulcair was still away as well, part of the GG’s state visit to Sweden, leaving only Rona Ambrose the only major leader present. She led off, trolling for support for her private member’s bill on mandatory sexual assault training for judges — something that is not asking about the administrative responsibilities of the government. Jody Wilson-Raybould said that it was an important topic and that she would review the bill as it came to the Commons. After another round of asking in French and repeating the answer in English, Ambrose raised the case of Justin Bourque to demand that consecutive sentencing laws remain in place. Wilson-Raybould reminded her that they are conducting a broad-based review, and that there are already the highest mandatory penalties on the books for murder. Ambrose asked about that Chinese company that bought that nursing home chain and wondered if they figured out the ownership yet, but Navdeep Bains repeated this assurances from yesterday about the review of the sale. Ambrose finished off her round asking about the government refusing to release information on their carbon price cost projections, and Catherine McKenna reminded her that there are also costs for not tackling climate change. Nathan Cullen led off for the NDP, spinning a small conspiracy theory about fundraising by the chairman of Apotex, for which Bardish Chagger reminded her that the Lobbying Commissioner found nothing amiss. Karine Trudel asked the same in French, got the same answer, and then spun another question about the government’s ethics, and Chagger reiterated her same points. Nathan Cullen then railed about the government caring only about billionaires and not average Canadians, and Chagger chastised him for ignoring the ways in which the government has been listening to Canadians.

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QP: Disingenuous tax concerns

Back from Washington, but only briefly before he heads off for Europe, Justin Trudeau was present for QP, but not all leaders were. Rona Ambrose led off, worried about the cancellation of tax credits hurting families. Trudeau responded by reminding her that they lowered taxes and were giving bigger child benefit cheques, tax free, to those who need it. Ambrose listed a bunch of taxes (of dubious veracity), and Trudeau reiterated his tax cuts to date. Ambrose raised the issue of a cancelled tax break for troops in Kuwait, to which listed the many sins of the past government when it came to the military. Ambrose reiterated the question, but Trudeau didn’t change his answer. Ambrose finished off demanding transparency for the true costs of the carbon tax — as though it were a federal thing — and Trudeau reminded her that it was revenue neutral federally. Jenny Kwan led off for the NDP, decrying the fact that Trudeau hasn’t condemned Trump’s racist policies. Trudeau didn’t take the bait, talking about jobs and trade, and when Hélène Laverdière tried again in French, Trudeau said that they need to be respectful in their disagreement, but the focus was on jobs and trade. Alexandre Boulerice worried that Trudeau made university students cynical over electoral reform, but Trudeau didn’t apologize, saying that he was acting responsibly and making voting easier. Nathan Cullen demanded an apology in English, and Trudeau reminded him of the other issues in the last election other than electoral reform.

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Roundup: Housakos vs Harder

It took a couple of weeks, but I will say that I was encouraged to read that Senator Leo Housakos was in the press pushing back against Senator Peter Harder’s comments that the Senate hasn’t been implementing changes to its processes as recommended by the Auditor General. As chair of the Internal Economy committee, Housakos has corrected the record to point out that yes, a lot of changes have happened (and in fact were happening since long before the now infamous audit happened), and also hit back at the issue of an audit committee. Harder it seems has bought into the AG’s wrong-headed notion that an external audit body be formed, which I will reiterate is absolutely an affront to parliamentary democracy. The Senate is a parliamentary body, and parliament is self-governing. It needs to be, full stop. Making senators answerable to an outside body puts a stake in the ability to be self-governing, and pretty much says that we don’t deserve to be a self-governing country anymore, and should just hand all of the power back to the Queen. That Harder can’t see that is blind and a little bit gobsmacking. While the Senate does plan to announce an audit body soon, it will be of mixed composition, and if they’ve paid attention to Senator McCoy’s proposal to mirror the House of Lords’ body – basically three senators and two outside experts – then we’ll be fine. But make no mistake – such a body must be majority senators and be chaired by a Senator. Otherwise let’s just start the process of shuttering parliament, and no, I’m not even being dramatic about it.

While we’re on the topic of the Senate, I just wanted to give a tip of my hat to now-retired Senator Nancy Ruth (who was on Power & Politics yesterday at 1:49:00 on this link). Nancy Ruth (that’s one name, like Cher or Madonna) was one of my early entry points into political journalism, when I came to the Hill writing for GLBT publications like the now-defunct Outlooks and Capital Xtra. As the only openly lesbian parliamentarian, and the only openly LGBT member of the Conservative caucus who wasn’t media shy, she was my point of contact into that caucus and that particular political sphere. The relationship I built there gave me my first by-line for The Canadian Press, and I eventually moved into more mainstream outlets. She was an absolute joy to cover, and I will miss her terribly.

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QP: Building a conspiracy theory

Even though Justin Trudeau was not off to Europe for the CETA signing, he was not in Question Period, nor was Thomas Mulcair. Rona Ambrose led off, demanding transparency on the mission in Iraq, saying that the training mission has changed (never mind that it was always billed as “advise and assist.”) Marc Garneau answered, somewhat unexpectedly, and noted that it was advise and assist by that they needed operational security because Daesh was sophisticated. Ambrose tried again, and Garneau repeated the response, but added that a new medical facility in Iraq was being installed. Ambrose then moved onto fundraising and raising the spectre of the lobbying commissioner investigating, but it merely merited a recited response on the strict federal rules. Denis Lebel was up next and raised the issue of a veteran who faced discrimination for her sexual orientation, and Garneau reminded her that society had changed and they were working on a whole-of-government response. Lebel then moved onto the PBO report on the labour market and the loss of jobs reported. Jean-Yves Duclos noted that they were working on job creation. Tracey Ramsey led off for the NDP, decrying the EU trade agreement and the investor-state dispute settlement mechanism. Chrystia Freeland read her astonishment at the lack of NDP support for a progressive trade agreement. Alexandre Boulerice asked again in French, raising the spectre of Quebec dairy farmers and drug prices, but Freeland’s answer didn’t change. Boulerice then raised the fundraising rules, Chagger gave her rote response on federal limits, and Tracey Ramsey gave another go in English for the same response.

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