Roundup: The exoneration of Mike Duffy

It was rather a stunning result, where Senator Mike Duffy was acquitted of all 31 charges against him for fraud, breach of trust and bribery. The judge ruled that he found Duffy to be a credible witness, and said largely ruled that Duffy followed what few rules there were in place at the time, a fact that many would contest – there were rules that Duffy indeed skirted, but not to the degree of criminality, according to the judge. In fact, it goes against the very ruling of former Justice Ian Binnie in his arbitration report, who noted that there were rules and there was also common sense in determining the eligibility of expenses, and while he didn’t rule on criminality, it does contradict some of the judge’s reasoning in the Duffy verdict. That the judge singled out the PMO for scathing words is of very little comfort, particularly because of his belief that they somehow overrode Duffy’s free will in “forcing” him to accept that $90,000 cheque. Duffy is now free to return to work in the Senate, but he may not find it a very welcoming place, given his direct culpability to the hits on the institution’s credibility. That, and there will be eyes on his spending at all times, particularly by those senators who knew that there were rules in place – despite what Bayne and eventually the judge felt – and those rules have only become more stringent since. More from Köhler, Harper and Reevely, while Reevely had a few other thoughts over Twitter that also bear repeating.

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Roundup: Supreme Court hand-holding

I was all set to write about the Liberals invoking time allocation on the Air Canada bill, when I saw this story and it pissed me right off: Thomas Mulcair thinks that the assisted dying bill needs to be referred to the Supreme Court to ensure that it meets the tests set out in the Carter decision. And it set me off, because this is completely ridiculous. The bill hasn’t even been debated yet, and already they want to demand that the Supreme Court start weighing in? Are you serious? Oh, but of course it’s serious – it’s part of this ongoing pattern of a lack of moral courage that MPs are oh so good at demonstrating, where they don’t want to be seen to have to make any tough decisions, so they fob it off onto the courts to do it for them. And here, before he’s even spoken to the bill in the Commons, he wants the court to do the heavy lifting for him. And it’s an endemic pattern. Usually, it involves the officers of parliament, for whom MPs have so successfully fobbed off all of their work that those officers are de facto the official opposition these days, holding the government to account and doing the heavy lifting because MPs won’t. Oh sure, they’re happy to make snide remarks and to manufacture a bunch of fake outrage in QP, but they won’t scrutinise estimates anymore, and barely scrutinise bills. Hell, their very first bill in this parliament got sent to the Senate in an incomplete form because they couldn’t be bothered to actually check it, but rather passed it at all stages in 20 minutes. And now they want the Supreme Court to do even more of that homework for them. And just like with other homework, where MPs use officers of parliament as their partisan shields (witness the number of questions in QP predicated with “The PBO says…”), Mulcair is looking to use the Supreme Court to do just that for this bill. Before it’s even had a minute of debate. Rather than just stand up and say “In my analysis, this bill doesn’t meet the Carter decision,” no, he needs to hide behind the Supreme Court so that it doesn’t look like the criticism is coming from him. That MPs do this is ridiculous and infantile. You’re elected to do a job – so actually grow up and do it.

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Roundup: Mindless populism leading the way

As Saskatchewan premier Brad Wall has made his voice heard in recent weeks in the lead-up to his re-election campaign, and the Conservatives in Ottawa have taken up his banner on all manner of topics, it is the issue of carbon pricing that is driving home a few truths about both Wall and the Conservative Party. While there is talk about setting a baseline $15/tonne carbon price nationally, which can be implemented either by carbon tax (per BC) or cap-and-trade (per Ontario and Quebec), Wall is adamant that he doesn’t want it imposed on his province, and is going so far as to suggest that any “national carbon tax” (which, let’s be clear, it is not what is being discussed) would be exempt from SaskPower because it’s a provincial Crown corporation. And in the House of Commons, former Speaker Andrew Scheer gave a ridiculous and gobsmackingly boneheaded Members’ Statement on Monday which mocked the notion of a “carbon tax” (which, again, not on the table) as a market mechanism, and tried to apply it to other forms of taxation, generally making a fool out of himself in the process. But if you listen to what both Wall and Conservatives like Scheer are saying, it becomes obvious that intelligent, principled conservatism in this country has pretty much gone the way of the Dodo, and that we are left with right-flavoured populism in its wake. Because seriously, an actual conservative thinker would look at a carbon price, and using whichever mechanism (but likely an actual carbon tax), use that in order to encourage the market to find their own ways to reduce their carbon emissions. In fact, it’s what the oil sector has been demanding for years now, and they’ve even built carbon pricing into their books while they waited for some kind of direction as to just how much it would be and by what mechanism it would be applied. But rather than having an actual conservative government that would take this tool to and use the market to innovate and achieve the desired end (being lower carbon emissions), you have a bunch of populists in both Saskatchewan and Ottawa who howled instead about a fictional “job-killing carbon tax” and who held their breath and stamped their feet rather than dealing with the problem of carbon emissions for an entire decade. So while the Conservative Party starts to re-examine itself in advance of its leadership contest, perhaps this is something that they should consider – a return to actual conservative principles rather than this populist noise, which resulted in a decade of poor economic decisions (like lowering the GST), incoherent policy decisions, and as we can see here, childish tantrums to what should be an actual conservative approach to solving problems.

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Roundup: The expanded deficit

The big news yesterday was of course Bill Morneau’s fiscal update, in which he said that the deficit was slated to rise to $18.4 billion – and then everyone freaked out. But if you take a breath, you’ll see that in there is about $6 billion of wiggle room (or “fudge” as Andrew Coyne called it) when they adjusted down the growth projections of private sector economists – which have been particularly optimistic. As well, much of the current-year deficit is driven by lower revenues rather than new spending, despite what the Conservatives say, which is why the Liberals thought it clever to remark in QP yesterday in response to questions about the deficit that the Conservatives and NDP would be cutting all over the place in order to keep a balanced budget (to which Lisa Raitt, on the evening politics shows, rather indignantly replied “You don’t know that.”)

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As part of the changed fiscal picture, the “savings” the previous government booked for changing public service sick leave is now back in books (not that it would have actually achieved savings in the first place). Stephen Gordon wonders if spending to spur growth is the right policy when this period of low growth may not actually be temporary, but rather might be the new normal. Kevin Milligan on the other hand notes that because it’s so cheap to borrow right now that going into deficit won’t really cost as much in the future, as we are not in the same situation as we were 25 years ago. Maclean’s charts the worsening fiscal situation. Kevin Page has questions about the “holes” in the fiscal update. Morneau also hired Dominic Barton as a growth consultant, which likely means a focus on Asia.

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Roundup: Meddling in the committees

I mentioned this yesterday in passing, but I’m going to revisit it today, which is the way that the Liberals are handling the issue of parliamentary secretaries at committees. And yes, they have stuck by their promise not to put them on committees officially, and they have written into their rulebook on government accountability and transparency that these parliamentary secretaries won’t be able to vote on said committees either – but they’re still showing up to them, and that is a problem. We saw under the previous government what happened under the previous government, where the parliamentary secretaries were on the committee, and their designated PMO staffer – used to help them with their additional duties – basically ran the committees, telling them how to vote, what motions to put forward, etcetera. And thus, committees started behaving not like independent bodies designed to scrutinise bills or hold the government to account for its plans, but rather to act as branch plants of ministers’ offices. It was a terrible perversion of what our system is supposed to do. The Liberals, so keen to look like they’re not emulating the Harper government’s practices, are nevertheless de facto carrying them on. Just because the parliamentary secretary isn’t voting, they and their PMO staffer are still in the room, directing the government side, even if they happen to call it “advice” and “offering the resources of the Privy Council” and all of those happy, clappy words. And while on Procedure and House Affairs, David Christopherson shouts himself into an apoplectic frenzy over it, he really has little room to talk, considering how the centralisation of operations in the NDP in the previous parliament meant that they had their own staffers from the leaders’ offices directing their MPs, providing scripts for them in the committee, and the like. Seems to me that it’s not really helping MPs be independent or letting them do their work without interference either (but this is also what happens when you get a caucus full of accidental MPs who don’t know what they’re doing, and that lack of experience made it easier to condition them to behave as the leader’s office wanted for the duration of that parliament). With the number of newbie MPs on the Liberal benches, that temptation is certainly going to be there as well – that because they’re so new, they’re going to need a lot of guidance, and hey, who better to provide it than the parliamentary secretary? No. Just no. This kind of thing needs to stop, and the Liberals promised that they were going to be better than this. So far, that promise to be better is proving to be a bit of a shell game, optics that say openness and transparency and leaning away from centralisation, but the core of it remains. Time to keep the parliamentary secretaries from the committee room, unless they’re there to help the minister with testimony. Let’s restore our institutions to their proper functioning for a change.

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Roundup: Questionable speaking fees

Following testimony at the Mike Duffy trial, Glen McGregor went back through the records of Duffy’s speaking engagements and what he was paid for them. Why? Because at trial, it came to light that he paid a speechwriter for a last-minute speech to one group, made a couple of tiny changes to it, paid for said speech through his “clearing fund” run by Gerald Donohue as though it were an expense related to his Senate duties, and then collected the $15,000 fee. Senate ethics guidelines state that they are not to collect speaking fees if it’s related to their Senate duties – and to be clear, there are plenty of parliamentarians in both Chambers for whom it’s entirely appropriate to have a Speaker’s bureau arrange and charge for speeches based on their previous experiences, because it’s not part of their parliamentary duties and it ensures that their expenses are covered and not charged to the taxpayer. Duffy, however, seems to have breached this particular rule, which could be yet another wrinkle in his attempt to prove his innocence, or to show that the “clearing fund” was only for legitimate parliamentary expenses. Meanwhile, looking back at the trial, we see recollections of his memorable phrases, and the petulance of his testimony.

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Roundup: Different approaches to transparency

The government announced yesterday that they would be halting compliance measures related to the First Nations Financial Transparency Act, and would restore the funds frozen to those 38 bands that had not reported yet. It was a move that First Nations applauded, while Conservatives and other small-c conservative types decried as making things less accountable. We also found out that the previous government was considering putting those non-compliant bands under third party management, which sounds fairly drastic. It’s not that First Nations are against being accountable – for the most part, they have indicated that they want to be, but that the previous government’s legislation was ham-fisted and in some cases unfair because it forced the reporting of revenue streams that didn’t come from taxpayers. In fact, they have long raised the notion of the creation of a First Nations Auditor General, but the Conservatives were never in favour of it. And to be sure, there are bands that do require a closer eye because in some First Nations, there are problems with nepotism and corruption, and it does need exposure. The question becomes what tools are best able to accomplish the goal that aren’t paternalistic or steeped in racist assumptions. It’s something that the current government is looking to engage with, and we’ll see where their consultations take them, but this will no doubt be part of their move to transform their relationship with Indigenous Canadians.

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Roundup: More calls to keep the bombers

ISIS forces launched a surprise attack against Kurdish forces in five different places in Iraq yesterday, and Canadian Special Forces trainers in the area helped fight them off, which did involve calling in air strikes from our CF-18s. No Canadians were injured in the fighting, but it did lead to a new round of calls, primarily from the Conservatives, to keep the CF-18s in theatre, regardless of the promise to withdraw them in favour of a more robust training presence on the ground. Some even went so far as to claim that if we didn’t have our planes in the area, our allies wouldn’t be as quick to respond to Canadian troops coming under fire (but that has been shut down by experts in the field right away). Michael Petrou remains unconvinced by Trudeau’s position on pulling out the CF-18s from Iraq, while Michael Den Tandt sees it as a kind of political calculation that isn’t so much related to pre-election promise, but rather the broader political implications of a ground war in the region.

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Roundup: The town hall performance

Justin Trudeau had his townhall with Maclean’s yesterday (in partnership with fellow Rogers publications Chatelaine, L’Actualité and CityTV, of course), and it went very well, and was engaging (and the whole thing can be viewed here). There wasn’t a lot of news, per se, that came out of it, but Trudeau did spend some time explaining certain positions, such as why he thinks there is a better role for Canada in the Middle East that draws from our experience in Afghanistan than the bombing mission does, or why he made the decision to cut the tax bracket that he did (it winds up helping more people when examined in conjunction with the new child benefit program), and the whole issue of the federal minimum wage (it only helps such a small group of people, and wasn’t likely to move too many provincial governments). Oh, and he slammed the kinds of fear-mongering politics engaged in by politicians like Donald Trump as ignorant and irresponsible. John Geddes remarks about Trudeau’s effortless adoption of the role of Prime Minister, while Paul Wells offers his thoughts on the event as the moderator, and how Trudeau compares to Harper. Laura Payton notes the very politic way in which Trudeau responded to questions, and some of the lessons that he perhaps learned from Harper in that regard.

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Roundup: No place for Trump

In one of her year-end interviews, Rona Ambrose said the Donald Trump is “far off the spectrum,” and “not a voice that is welcome in our party.” Um, except that she can’t really get off that quickly or easily on this one. While Ambrose may not be saying it, her party is one that dumped any pretence of actual ideological conservatism long ago, and simply became right-flavoured populists who loudly championed all manner of non-conservative ideas and plans, all for the sake of appealing to enough micro-targeted groups that they could cobble together a base of support that they rose to power once, but which fell apart in 2015. Remember too that in the dying days of the election, Harper willingly embraced the Ford brothers in Toronto in order to cash in on their populist appeal, which are two very Trump-like voices that apparently have been welcomed into her party with open arms. And as for charges that her party is not doing enough to combat Islamophobia as Syrian refugees start arriving in the country, we’re seeing a lot of concern trolling out of her party that makes it sound like they’re supportive of the idea when in fact they are arguing or agitating for indefinite delays to refugee arrivals. Put all of this together, and it’s hard to see how Ambrose is arguing for any kind of principled conservatism, or that she rejects the populism of Trump while she has not moved to distance herself or her party from the Ford brothers. That’s a worrying sign, and when the Conservative leadership does get underway, we’ll see if Doug Ford makes that leap. If he does, we’ll see if Ambrose continues to insist that those kinds of voices are welcome in the party or not.

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