Caucus day, and the benches were full, with all of the leaders present. Andrew Scheer led off, and he decided to re-litigate the cancellation of Northern Gateway, and demanded that it be revived. Justin Trudeau responded by reading quotes from the Federal Court of Appeal decision, and saying that the Conservatives treat the Duty to Consult as a suggestion. Scheer insisted that Indigenous communities would benefit from Northern Gateway, and Trudeau repeated that they didn’t understand that they need to work with Indigenous communities and scientists to ensure that projects get built in the right way. Scheer switched to French to demand the full guest list for the India trip, to which Trudeau congratulated the members of NSICOP for their work and that they accepted their recommendations. Scheer switched to English to raise the allegations around Navdeep Bains and the Brampton land deal — despite Bains’ repeated denials. Trudeau took the opportunity to tell the folks at home that parliamentary privilege means Scheer can say anything he wants inside the House without fear of prosecution, but the real test was if he repeated it outside. Scheer piled on the list of Liberal ethical lapses, and Trudeau again addressed the people at home to say that while the role of the opposition is to hold government to account, the current party across the way was more content with smears and innuendo. Guy Caron was up next, and demanded action for missing and murdered Indigenous women, to which Trudeau listed the measures they have taken to date. Caron demanded a national action plan, and Trudeau said that while there was work to do, they were continuing make progress. Sheri Benson wanted the PM to meet with petitioners around the MMIW inquiry, to which Trudeau read a statement about the Inquiry’s mandate and listed some of the investments made. Benson asked again, and Trudeau noted the extension of the Inquiry’s time, mandate and added funding.
Tag Archives: Navdeep Bains
Roundup: Sending amendments back a second time
There’s drama with the Senate, after they sent back the omnibus transport bill back to the Commons a second time, after the government rejected several of the nineteen amendments proposed. We haven’t seen this happen in twelve years, that last time being in 2006 when there was back-and-forth on Harper’s Accountability Act, when he had a minority in the Commons, and the Liberals had a majority in the Senate, giving them the necessary leverage. But while much of the focus is on whether or not there’s going to be a constitutional crisis over this (there’s not, and quit being such drama queens about it), there is actually some nuance here that should be explored a bit more.
In a rare step the Senate rejected the Commons transportation bill for a second time. @VassyKapelos explains the significance #pnpcbc #cdnpoli pic.twitter.com/eBQPdIf9h6
— Power & Politics (@PnPCBC) May 10, 2018
There are a couple of reasons why the Senate eventually voted to insist on some of the amendments, and one of those had to do with the way it creates unfairness for the Maritimes when it comes to rail transportation rates, as there is a monopoly in the region. What’s very interesting about this is the fact that after PEI Senator Diane Griffin made her speech about the regional unfairness, all subsequent debate became spontaneous and unscripted – something we almost never see in either chamber. This is how Parliament should work, and based on that speech, some senators changed their votes, which shows that the process does work as it’s supposed to, from time to time. It also shows that the Senate is fulfilling its role when it comes to standing up for regions, as they are doing for the Maritimes in this case. (Griffin, incidentally, says she’ll likely back down if the Commons rejects the amendments a second time).
.@SenDianeGriffin says if the House doesn't want to take the advice of senators and amend Bill #C-49 to provide more fairness to Maritimers, it's their funeral #pnpcbc #cdnpoli #SenCa pic.twitter.com/FmL5j2DEY3
— Power & Politics (@PnPCBC) May 10, 2018
The other reason the Senate is sending these amendments back, however, is the fact that when the government rejected them, they didn’t offer an explanation as to why, and this is important (and I haven’t seen anyone reporting this fact). And this puts the onus on the government, because they owe senators that explanation as to why their sober second thought is being rejected. Just about a year ago, when the Senate sent back amendments to the budget implementation bill, the House rather snippily stated that such amendments would impede the privileges of the Commons – but never stated how they would do so. While the Senate passed the bill, they did send a message back to the Commons that yes, they do have the ability to amend budget bills thank you very much, but they did make sure to let Bardish Chagger know their displeasure the next time she appeared at Senate QP, where they wanted the explanation as to how the amendments would impact the Commons’ privileges (and she never did give them an answer). Trudeau keeps saying he respects the independence of the Senate, but he should demonstrate that respect by offering explanations and not treating the work of the Senate in such a dismissive manner.
Roundup: Duffy’s privilege problems
At long last, the Senate has responded to Senator Mike Duffy’s lawsuit against it, and is asking the Ontario courts to remove it from the suit because of parliamentary privilege. This was to be expected, and I’m surprised it took this long, but here we are. Duffy’s lawyer says that he’ll fight it, of course, but he’s going to have an uphill battle because this is very much a live issue.
For a refresher as to why this matters as an issue of privilege is because it’s about the ability of the Senate to discipline one of its own members. This is especially important because the Senate is a self-governing body of Parliament, and because it’s appointed with institutional independence and security of tenure in order to ensure that there is that independence. In other words, the Senate has to be able to police its own because there’s no one else who can while still giving it the ability to be self-governing (as we explored in great detail over the Auditor General’s desire to have an external audit body oversee the chamber’s activities). And indeed, UOttawa law professor Carissima Mathen agrees that it would be odd for the Senate not to have the power to suspend its own members, and raises questions about whether it’s appropriate for the judiciary to interfere in this kind of parliamentary activity. (It’s really not).
The even bigger complicating factor in this, of course, is that NDP court case trying to fight the House of Commons’ Board of Internal Economy decision around their satellite offices. The Federal Court ruled there that it’s not a case of privilege (which is being appealed), and Duffy’s former lawyer, Donald Bayne, said that this is a precedent in their favour while on Power & Politics yesterday. And he might have a point, except that the Commons’ internal economy board is a separate legislative creature, whereas the Senate’s internal economy committee is a committee of parliament and not a legislative creation. This is a Very Big Difference (and one which does complicate the NDP case, to the point that MPs may have actually waived their own ability to claim privilege when they structured their Board in such a fashion – something that we should probably retroactively smack a few MPs upside the head for). I don’t expect that Duffy will win this particular round, meaning that his lawsuit will be restricted to the RCMP for negligent investigation, but even that’s a tough hill to climb in and of itself. He may not have much luck with this lawsuit in the long run.
QP: Parsing the minister’s answers
A hot Thursday afternoon, and most of the leaders were gone, Thomas Mulcair excepted. Candice Bergen led off for the day, raising the lack of mention of China in Chrystia Freeland’s speech and the sale of a satellite company to China. Navdeep Bains responded that they take national security very seriously and and that the national security review board gave it a pass (and he said national security about twelve times). Bergen wondered why the sale went ahead without a comprehensive security review, and Bains insisted that the comprehensive review under the Investment Canada Act had been undertaken. Bergen insisted this was about appeasing China, and Bains insisted that the Act stipulates that all transactions are subjected to a national security review, and that included this one. Gérard Deltell then took a kick at the same can in French, twice, but Bains gave the very same answer. Thomas Mulcair was up next, and picked apart Bains’ answers, parsing the language particularly between a full review and a standard screening. Bains reiterated that they followed the law and did their due diligence and would take any advice from national security agencies. Mulcair tried again in French, raising a previous sale, and Bains reminded him that the previous process under the previous government had been botched. Mulcair then turned to the nuclear disarmament treaty and parsed the PM’s responses from yesterday. Bains got up again, and to reiterate the PM’s points about getting a fissile materials treaty underway instead. Mulcair tried again, and Bains read the same points that the PM made.
I lost count of the number of times that Navdeep Bains said "national security" after eleventy. #QP
— Dale Smith (@journo_dale) June 8, 2017
Roundup: Anxiety and resentment
As the United States continues to be subjected to demagoguery in their electoral gong show, Bill Morneau is warning about “canary in the coal mine” that Trumpism is representing, which can be echoed in other places with the Brexit vote or the rise of Bernie Sanders on the left in the US. Morneau attributes it to anxiety and resentment over the belief that globalisation is not benefitting the majority of citizens (never mind that $400 flat panel televisions are totally not the benefit of global trade, but just a coincidence. Oh, wait…) Morneau pegs his solutions in terms of what his government is doing with their “inclusive growth” agenda, and mentions their higher taxes on the one percent in order to pay for the enhanced child benefit payments and their plans to overhaul the CPP, along with infrastructure spending, but it seems to me that it’s only half the battle, and that we need some greater financial economic amongst the general public to see just what the benefits of global trade are, and that they’re not just benefitting the super-rich.
We need talk about things like the “Iowa car crop” to educate people about how trade benefits them in ways that they don’t think about – like hey, food prices are at something approaching an all-time low thanks to trade, and cars and electronics continue to fall in price and we have devices nowadays that would be considered magical just a few decades ago, at price points that are unimaginable for their complexity. But none of this fits into the narratives of resentment that people stoke for political benefit, and that’s a problem. It’s also a problem with that narrative is used to fuel anti-establishment sentiments that only serve to poison the well against the way governments function, and that’s going to start biting back in a very big way before too long in the States, as people demanding wholesale dismantling of the state start reaping what they’ve sown – particularly as it comes wrapped in Trump’s message and his attempts to delegitimise the results of the election before they’ve happened already. It’s a dangerous game that they’re playing, and it needs to be stopped, but anyone who does is “biased” and “protecting the status quo,” and where do you go from there? I wish I knew.