Tag Archives: MIke Duffy

Roundup: Tiresome cheap shots

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Oh, look – there’s the Senate bat-signal and oh, it’s because a couple of pundits have decided to be completely tiresome about it. I see. Up first is CBC’s Terry Milewski, who has once again decided to use Mike Duffy to paint the whole of the Senate with his disreputable brush. Never mind that the vast majority of senators don’t abuse the system, or that they have made vast improvements on financial controls and transparency (and remain far more transparent than the House of Commons in most respects), apparently the whole system is an unfixable morass because Duffy. Um, okay. And to cap it off, Milewski tries to make some wrong-headed point about representation in the Senate, ignoring that representation is along regional and not provincial lines, and no, Newfoundland is not part of the Maritimes and is a region unto itself, but hey, conflating its seats is fun and deliberately misleading! Apparently nobody has taken a basic civics or Canadian history course, because the whole point of why the Senate was constructed the way it was, was precisely because it wasn’t supposed to be representation-by-population. The Commons is, and the Senate had to rebalance the representation to keep Ontario from swamping the minority provinces. Oh, but those are “bizarre” and “absurd imbalances” apparently, because Milewski has decided that ignorance is the effective bully tactic. It’s a series of cheap shots that should be beneath the journalistic establishment, but alas no, it’s become par for the course these days. And then there’s Andrew Coyne, who decided to deliberately over-complicate the situation in the Senate in order to misconstrue what’s happening and sow confusion to make a point, that it’s not the kind of reforms that he would prefer (never mind that he’s never quite articulated why it’s preferable to have an elected Senate that would compete with the Commons, or to remove the Senate’s veto powers when they’re necessary to thwart a majority prime minister who is overstepping his or her bounds, other than the saying “democracy!” while hand-waving). But clearly, some clear-eyed critical thinking about our parliamentary institutions is a lot to ask, particularly when there are cheap points to be scored.

https://twitter.com/emmmacfarlane/status/676603993049690112

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Roundup: The Senate steps up

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In their very first piece of legislation passed, the House of Commons ballsed it up. Quite badly, in fact. In rushing through a supply bill, they didn’t include a necessary schedule for where the money that was being authorised would be spent, which is a pretty big deal. And so, when it reached the Senate, this was caught and the bill had to be sent back before the Senate could deal with it and pass it so that it could get Royal Assent and everyone could go home for the holidays. The Senate, however, was not amused. This is not the first time that defective bills have made it to the Senate, be it when they sent an earlier unamended version down the hall, or when their due diligence wasn’t done and they had to make some kind of excuses to get the Senate to pass it anyway with the promise of adding a clause in a future bill to retroactively fix it. And the patience of the Senate is wearing thin. In the words of Speaker Furey:

“While it is not our place to look into the functioning of the House of Commons, I am appalled that we received a defective bill. If it is the wish of the house, I would be prepared to write to my counterpart in the House of Commons to seek his assurance that this will not happen again.”

Liberal Senator Terry Mercer was even less forgiving and deservedly so:

“It galls me, Mr. Speaker, that they talk about an administrative error. That’s passing the error off onto the staff. I’m sorry; the Members of Parliament voted on this; it is their fault and they alone take the blame… To give us this BS about administrative error, passing the buck off to someone in the administration of the House of Commons, doesn’t wash with me, and it shouldn’t wash with anybody, and it shouldn’t wash with Canadians. I want this to be notice to the Minister of Finance and to our colleagues in the other place that this place will not put up with this anymore.”

Senator Fraser suggested that the Commons needs to examine their system and perhaps even apologise to the Senate, while other Senators noted that this is government legislation and not a private member’s bill, and that perhaps the Senate should not always be as patient and perhaps rise without granting Royal Assent in the future. Part of the root of this is that that the Senate, yet again, did its job while the Commons didn’t. In their haste to get this passed so that MPs can leave, MPs spent a grand total of fifteen minutes on the Supply bill, including Committee of the Whole. That’s right – fifteen minutes to examine and authorise the spending of money by the government. The Senate Finance Committee held three days of pre-study on the bill so that they would know what the issues were, and lo and behold, when the bill arrived in defective form, they could spot it immediately. And as noted before, this keeps happening with increasing frequency. And yet, when we send MPs to Ottawa to “be our representatives,” we seem to forget that they have a job to do – to scrutinize bills, and most especially spending, and they’re not doing it. They leave it to others to do, be it the Auditor General, the Parliamentary Budget Officer, or the Senate – all while bitching and moaning about how terrible the Senate is even though the Senate is actually doing their jobs when MPs aren’t. And the next time I hear someone give me the line about how the Senate has no function in a modern democracy, I can give them yet another object lesson about how the Commons is the real dysfunctional chamber in our democracy. I’ll repeat Speaker Furey’s admonition – it’s appalling. Shape up, MPs. You’re embarrassing yourselves.

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Roundup: Demanding a referendum

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The issue of electoral reform has boiled over into what could be seen as the first major disagreement of the 42nd Parliament. The Conservatives have become quite vociferous in demanding that any change to the electoral system be put to a referendum – no doubt out of selfish considerations, knowing that most forms of alternative voting would be seen to disadvantage them, and secure in the knowledge that every time that such alternative ballots have been put to a vote either in Canada or the UK, that the existing First-Past-the-Post system ends up winning out. (Kelly McParland and the Maclean’s editorial are also in favour of a referendum). Even in Canadian polls on electoral reform, there remains a preference for a simple ballot that can deliver a stable government – something that most forms of alternative voting won’t deliver. While some pollsters have had fun with the numbers, trying to build models of what the election results would have delivered under different systems, the truth is that we can’t know what would have happened because there’s no guarantee that we would have had the same parties or configurations thereof in the election – particularly under a proportional representation system that encourages fringe parties, and given the country’s geographical, linguistic, and cultural diversity, a system that rewards smaller parties could very well fragment the “big tent” parties that currently exist. While people insist that we wouldn’t turn into Israel or Italy, the real worry is turning into Belgium, where the linguistic divisions in their PR system were so fragmented that they couldn’t form a workable government for over a year. While the government (and in particular Dominic LeBlanc) say they will engage in a broad consultative process and try to come to a consensus, I’m pretty sure that political consensus with the other parties won’t happen – the NDP favour one form of MMP, the Greens favour a PR system of some variety, and the Conservatives favour the status quo while the Liberals are more keen on ranked ballots, it’s hard to see how consensus will be built out of that. And at least LeBlanc concedes that consultations may show that the status quo ends up being preferable, and if there is an argument for that, it’s that our system right now allows you to throw the bums out – something that becomes all but impossible in PR systems where coalition partners get shuffled around but the central party remains in power for decades. It’s hard to see how that can in any way be preferable in a robust democracy.

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Roundup: Winds of change in the Senate

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Interesting things are afoot in the Senate, with a number of new motions and bills introduced that could change the way it operates in the future, as well as debates on operations. It’s been pretty fascinating so far, and so far we’ve had:

  • Senator Housakos’ point of privilege on the lack of a Leader of the Government in the Senate;
  • Senator Carignan’s motion to call ministers to answer questions in the Chamber;
  • Senator Mercer tabling a bill that would amend the constitution to allow Senators to elect their own Speaker (and yes, this is the easiest amending formula);
  • Senator Wallace leading a debate on committee memberships and how they’re determined.

It’s all very interesting, and there has been some spectacular pushback on the facile notion by some senators that only partisan senators can be effective. There will have to be a great number of rule changes that will have to be debated by the Senate, and in particular the Rules, Procedures and Rights of Parliament committee, whenever it is formally struck (which should be very shortly). Some of those changes will have to be the determination of funding for the Senate Liberal caucus as they are not the government caucus, nor are they the opposition caucus (no matter that they currently sit on the government side, more out of convention than anything). Part of the discussions that were had in response to Senator Housakos’ point of privilege are that Question Period did not enter into the Senate until 1979 (ETA: This is disputed. Senate rules dating to 1969 include it, as does a 1916 edition of Bourinot. Thanks for the corrections), and that independent Senators have chaired committees in the past. These are all matters that will remain up for discussion, but the process of internal change in that Chamber is already upon them.

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Roundup: Imposition and breaches of privilege

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The Senate sat for the first actual sitting of the new parliament yesterday, and already the new era is being felt as they had to do away with Senate Question Period as there was no one there to answer questions on behalf of the government. You may not think this is an issue, but it does blow a hole in the accountability role of the Senate. Conservative Senate leader Claude Carignan moved a motion that would invite ministers to appear before the Senate to answer questions instead, and couched it in the language of urgency for regions like Atlantic Canada, who have no Conservative representation in the Commons, and they would have questions to ask that need answers. Of course, that would require going into Committee of the Whole and calling those ministers to the bar, rather than being able to do it as a regular Senate QP, which presents logistical challenges, but we’ll see what the government has to say in response. Meanwhile, former Senate Speaker Leo Housakos is moving a point of privilege that the government’s refusal to appoint a Government Leader is interfering in the operations of the Senate, which infringes on their privileges as a result. I don’t think he’s completely wrong there, particularly that the government is forcing changes to the way the Senate operates by circumventing things like Senate QP from functioning properly without anything in the way of consultation. It remains to be seen if the new Speaker will deem it a prima facia breach and put it to the Senate rules committee to determine if the breach is real, but this could be setting up a conflict between the two chambers, which could have been avoided if Trudeau had been a bit more thoughtful in the way he’s handled the whole situation. (As for other Senators complaining that “partisan” is being treated like a dirty word, and that the future “non-partisan” appointments will all be Liberals, and claiming that having senators in national caucus makes them more accountable, well, I think they need to take a breath and get a grip, because there are better ways to argue their points than the way they’re going about it).

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Roundup: Preparing the leadership campaign

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The Conservative national council, plus about twenty other individuals including MP Diane Finley, are nearly set to lay out their leadership campaign rules, including the date of the vote – likely sometime in 2017. I’m sure we’ll start seeing the campaigns start to rev up soon after that – Kellie Leitch and Jason Kenney out the door first, and over time, I’m sure a not-Jason-Kenney candidate will emerge for others to start coalescing around. People keep saying Lisa Raitt, but I haven’t seen any sign of her French improving, and that is going to be an important consideration with the party having improved its fortunes in Quebec in the last election. And then there’s Peter MacKay, who leads in the polling on the subject, but I’m not sure that he’s had enough time and distance from politics just yet, not to mention the fact that he really isn’t the Red Tory that most people seem to think he is (just because he very briefly led the Progressive Conservatives after winning the leadership on a promise that he immediately turned around and broke). I’m not unconvinced that there needs to be someone who was much more of an outsider, largely untainted by the Harper years, who will be the instrument of the party broadening its base more as part of the leadership process, and again, I really doubt that MacKay is that person. He is intimately tied with Harper for his joining with him in the creation of the party, and I fail to see how that would be any kind of asset in a leadership race where the party would need to show that it is moving on from those years, rather than simply moving to relive them.

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Roundup: A troubling allegation

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There’s a rather disquieting story in the Huffington Post that quotes a couple of unnamed former Senate staffers, who point the finger at Senate Speaker Leo Housakos as the source of the leaks of the Auditor General’s report into senators’ expenses. And to be clear, in the past couple of weeks, I’ve heard similar tales being floated by someone else on the inside who witnessed it happen, and later witnessed Housakos deny it to other Senators. And indeed, Housakos was in the big chair when he found a prima facia breach of privilege when Senator Céline Hervieux-Payette raised the issue in the chamber, and with that finding, it went to the Senate’s rules committee to study the matter; that study was suspended when Parliament was dissolved, but it could be revived once the committee is reconstituted. That breach of privilege is a pretty big deal, and the fact that more than one person is now coming forward to say something is telling. This going public is also going to put pressure on Prime Minister Trudeau with regards to what he’s going to do with the question of appointing a new Senate Speaker. To be clear, this is a Prime Ministerial appointment because, unlike the Commons Speaker, the Senate Speaker is higher on the Order of Precedence as he or she fills a variety of additional diplomatic and protocol functions that the Commons Speaker does not, and is considered a representative of the Crown. If the current representative is not deemed to be trustworthy, and has indeed violated the privilege of Senators for his own ends, then it seems difficult to see how he can be trusted to stay in the post, and it may light a fire under Trudeau to do something about it, while the rest of the Senate remains in the dark about how they’re going to organise themselves as Trudeau drags his feet.

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Roundup: A plea without merit

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At a security and defence conference in Ottawa yesterday, RCMP Commissioner Bob Paulson gave a plea for warrantless access to people’s Internet subscriber data. Trust us, Paulson said – we won’t abuse it or violate the Charter. Never mind that every privacy expert ever, as well as the Supreme Court of Canada, has said that no, they don’t need this kind of information without a warrant. At one point, Paulson made the comparison of getting a warrant to run license plates, which is patently ridiculous because you can’t get nearly the same information from a license plate that you can from someone’s browser history. Paulson raised all manner of bogeymen by which he needs warrantless access, from cyber-attacks to child pornographers, but the funny thing is that after the Supreme Court’s decision against warrantless access to subscriber data, RCMP data shows that forcing the police to get a warrant to see your IP history hasn’t hampered investigations, which makes Paulson’s plea all the more problematic. Trying to get this particularly dangerous power is not a surprise, but it is perhaps a little unbecoming knowing coming from a Commissioner who should know better.

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Roundup: Nonsense parliamentary suggestions

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It’s not just the Senate bat-signal I see in the sky, it’s also the Parliament bat-signal as a whole. Starting with the Senate, one of those so-called “Senator-elects” in Alberta writes a baffling column about “restructuring” the Senate to better reflect regions, while moaning about how Alberta’s oil industry isn’t getting the same help as the auto industry would when being faced with job losses. I’m not quite sure what he’s trying to get at, but the thing with the traditional moans about “Western alienation” and hoping that cockamamie schemes like a “Triple E” Senate is that it would do precisely zero to counter the problem, particularly as the problems they’re trying to fix generally can’t be solved by the Senate in the first place. Moving along, former NDP MP and former democratic reform critic Craig Scott pens a gong show of an op-ed about changing the Office of the Speaker in the Commons, supposedly to better insure its independence but it comes off pretty much as the sour grapes of third party grumbling that it really is. Giving the Speaker all kinds of new powers with no real checks on them? Giving him or her the independence to rule with an iron fist despite the real threats inherent within Responsible Government? Plus a bitter kick at the protocol position of the Senate Speaker? It’s incoherent nonsense. Speaking Speakers, outgoing Commons Speaker Andrew Scheer has some thoughts about reforming Question Period, most of which make more sense than what Scott had to say. I have a column out later today that picks up on these points, and I promise you it’ll make far more sense than Craig Scott’s rambling.

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Roundup: Refugee plans leaking out

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We have some more details on the Syrian refugee plans that have started leaking out – 900 Syrians arriving per day starting December 1st, primarily from camps in Lebanon, Jordan and Turkey; military facilities are being quickly winterized to help house them, mostly in Ontario and Quebec; and it looks like Christmas leave and vacations are being cancelled for a number of civil servants and military personnel to help make this all happen in time, which will cost in overtime. All will be identified by the UNHCR as resettlement candidates and screened on the ground (screening process explained here), and once they land and additional checks are made, they’ll immediately be made permanent residents. And it sounds like there may also be an advertising campaign to help Canadians who want to help out and do more to help the refugees. We’re due to get the official confirmation for these plans by next week, so we’ll see how much of all these leaks bears out then, but it does appear that the ambitious plan is coming together, and perhaps all of the overblown concerns for plans nobody has seen or articulated may be for naught.

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