Roundup: The wrong way to rein in the Senate

Sometimes you read clueless columns, and sometimes the columns are so utterly clueless that you have to wonder how they ever got past an editor in the first place. The Globe and Mail featured one such yesterday morning from Campbell Clark, who asserted that it’s now Justin Trudeau’s fault that Mike Duffy is claiming expenses because cabinet ultimately has control over expenditures.

I. Can’t. Even.

The complete and rank civic illiteracy coming from a columnist in a national newspaper is galling, and looks a hell of a lot like he’s just making stuff up as he goes along. And no, I’m not chalking this up to a mid-August phoned-in column, because this isn’t the first time that he’s made this suggestion before, and it needs to stop. And it’s such an elementary part of civic literacy that Clark is apparently unable to grasp, which is that it’s the job of the legislature to hold the executive in check and not the other way around. In fact, it’s the job of the House of Commons to grant supply to the government for its operation and not the other way around. The Senate most especially exists to serve as a check on an executive that has a majority in the House of Commons. Neither the House of Commons nor the Senate are a government department – they don’t report to the Cabinet, nor does Cabinet control their expenditures because fundamentally they have institutional independence. Can you just imagine what would happen if Cabinet did control their purse strings? It would be nothing but a constant string of threats to cut of MPs’ or senators’ salaries or office budgets if they didn’t fall into line. That’s not how the system works, and Clark’s suggestion makes as much sense as giving cabinet the authority to go after judges’ salaries if they strike down that government’s laws. Add to that, Clark’s suggestion that the government should start clamping down on how much Senators can spend is so ludicrously boneheaded that it boggles the mind. You see, if MPs go after senators’ expenses, then senators will turn around and go after MPs’ expenses, and veto any budget until their independence is no longer being threatened. And why? For cheap optics? The Senate has a job to do, and democracy costs money. If Clark thinks that things work differently under our constitutional arrangement, then he is sadly mistaken, and he needs a remedial course in basic civics post haste because what he’s written is wholly and completely irresponsible. So no, it’s not Justin Trudeau’s government’s problem that Mike Duffy is claiming housing allowances, it’s Duffy’s problem (as we established yesterday). For anyone to claim otherwise doesn’t know or understand how our system operates.

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QP: Genocide and refugees

Despite it being Thursday, there were no major leaders in the Commons today, which is a disappointing slide back to the poor attendance record of the previous parliament. Denis Lebel led off, referencing their opposition motion on calling ISIS a genocide and demanded support for it. Pam Goldsmith-Jones responded with the government line that the declaration is not a political one but a legal one, and it needed to have the endorsement of the International Criminal Code. Lebel moved onto the possible sole-sourcing of Super Hornets, for which Harjit Sajjan reminded him that the Conservatives were about to sole-source the F-35 fighters, while he had not yet made a determination. Lebel demanded a transparent process, and Sajjan reiterated that no decision was made. Andrew Scheer accused the government of playing politics with military equipment, and Sajjan snapped back that he has been in combat. Scheer then returned to the declaration of ISIS as a genocide, and Goldsmith-Jones repeated her previous answer. Peter Julian led off for the NDP, calling out the government on C-14’s constitutionality, and Jody Wilson-Raybould insisted that they came to the right balance. Julian and Ruth Ellen Brosseau said that the Senate was making the amendments that they had proposed, and to Julian, Wilson-Raybould repeated her answer while Jane Philpott responded to Brosseau that she hoped the Senate would pass it. Brosseau repeated her question in French, and Philpott reiterated that she hoped the bill would pass expeditiously.

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QP: Scripts vs Saccharine 

The galleries full of Sikh delegates in advance of the Komagata Maru apology, the benches were similarly full on the floor of the Commons. Rona Ambrose, mini-lectern on neighbouring desk, led off by railing about the government’s proposed motion to control the parliamentary calendar. Trudeau noted that they were trying to give MPs time to speak and that this was about putting forward the agenda that Canadians voted on. Ambrose dropped a reference to Trudeau’s admiration for the “basic dictatorship” of China before asking again in French, and Trudeau gave the same response. Ambrose moved onto the topic of an electoral reform referendum, and Trudeau used the “Unfair Elections Act” as his excuse for his preferred consultative process. Denis Lebel took over in French, asked Ambrose’s second question again and got the same answer, and his second question was the referendum question in French, prompting Trudeau to drop the “60 percent of Canadians voted to change the electoral system” talking point. Thomas Mulcair was up next, his mini-lectern making a return, and he first thundered about the government shutting down democracy, then asked about the Alberta Court of Appeal ruling around doctor-assisted dying before demanding that C-14 be referred to the Supreme Court. Mulcair asked again in French, got the same answer, and then changed to the issue of home mail delivery. Trudeau gave his standard response about the promise to consult, and for his final question, Mulcair demanded that the government stop taking veterans to court. Trudeau insisted that they were working with veterans to get results for them.

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Roundup: Process matters during reform

The Senate is the centre of so much talk these days – government bills on their way that are likely to face amendments, blame for the trans bill dying there last parliament (despite the fact that the committees were overloaded with the government’s “tough on crime” bills and there was no way to prioritise private members’ legislation), the ongoing fascination with Mike Duffy’s return to work, and of course the ongoing internal reform project. Another snag in said reforms was unveiled yesterday in that it turns out that the Senate’s committee on Ethics and Conflicts of Interests for Senators can’t actually be legally constituted because under the Rules of the Senate, there need to be government senators on the committee. Well, there are technically no longer any government senators, and thus, they can’t be recommended to said committee. It’s a reminder of why process matters when it comes to doing reforms, because boldly forging ahead without a plan, and without the necessary rule changes in place means this happens. And yes, rule changes need to happen on a variety of issues, not the least of which are the ways in which it spells out who can constitute a caucus – necessary for independents to be able to organise themselves around logistical issues. As for Peter Harder, the Internal Economy committee has decided not to grant his additional budget requests for staff. He got half of his initial ask, but that was enough as far as they are concerned, and I can’t say that I’m unsympathetic to the committee because I still can’t fathom why Harder needed all of that staff considering that he has no caucus to manage. His excuse that it’s what his predecessor had in terms of budget and staffing seems to me to be a clearly bureaucratic reflex from his previous career in the civil service – ensuring that you have budgets that get spent and lest they be cut, and he wants to ensure that he gets that same budget as before, even though, as I said, there’s no reason why he needs so many people.

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QP: Imagining conflicts over cocktails

Despite it being Monday, none of the leaders were in the House (save, as always, Elizabeth May), which is starting to feel like a bad old habit making a comeback. Denis Lebel led off for the Conservatives, first offering condolences for the Quebec family that died in the Ecuador earthquake, and asked for an update on Canada’s efforts. Marie-Claude Bibeau noted the support they were offering to that country. Lebel then pivoted to a demand to know which taxes the Liberals plan on raising to pay for their spending. Bill Morneau responded that they were investing as it was the right time to do so. Lebel switched to English to decry the lack of transparency, to which Morneau insisted that they were being open and transparent, and said that they only showed two years in the budget so as to show that they have work to do. Andrew Scheer bemoaned the “mean-spirited” ways in which the budget rolled back Conservative programmes like income splitting. Morneau insisted that the new measures would help more families than the old programmes. Scheer then launched into a question laden with lame sports puns, but Morneau repeated his assertions. Peter Julian decried a cocktail party that CRA officials attended along with firms like KPMG. Diane Lebouthillier noted that it was an event held by the Chartered Professional Accountants, which many employees are members of. Peter Julian tried again, ramping up the conflict of interest accusations, and got the same answer. Hélène Laverdière worried that human rights were not on the ambassador’s priority list in Saudi Arabia. Pamela Goldsmith-Jones said that Canada does not miss any opportunity to raise human rights with anyone including Saudi Arabia, nor did they miss an opportunity for positive engagement. Laverdière asked again in French, and Goldsmith-Jones reminded the NDP that they supported the LAV sales as well.

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Roundup: Expenses arbitration comes back

At long last, former Supreme Court Justice Ian Binnie’s report on his arbitration of Senate expenses was released yesterday, and it should come as no surprise to anyone paying attention that the amounts that many of those senators owed was slashed by a considerable amount. (For others, not so much, but we’ll get to that in a moment). Why? Because in the course of his audit, the Auditor General and his staff made a series of value judgments as part of their report, particularly in instances where senators added personal businesses to Senate-related travel, or when spouses travelled with them. Binnie re-evaluated those claims with more information and a broader mindset and found that indeed, many of those claims were actually reasonable, and he let them go through, cutting the demanded repayments significantly in many cases. In other cases, notably Senator Colin Kenny, he remained unconvinced and ordered them to make their repayments with little or no reductions in the amounts owing. After saying that he wasn’t hired to look into motives of these Senators, he did admit that he felt that for the most part, nobody was actively trying to game the system, but that there were some disagreements in how rules were applied. An interesting turn of events is the fact that Senator Dagenais plans to launch a complaint against the AG for the way in which the audit was conducted, which has most pundits and journalists aghast, because they like to think that the AG can do no wrong (when that is obviously not the case, particularly if one starts digging into some of the value judgments made in the Senate audit). The AG’s response to Binnie’s report was that he thinks that the Senate still needs to follow up on all of his recommendations, including the external oversight body, but I will again raise the point that an external body is a violation of parliamentary privilege, and that the institution needs to be self-governing. This is not a technocracy, and the suggestions by some of an audit committee that is still majority Senate-controlled is a far more acceptable solution. The other bit of interest was the way in which he, intentionally or otherwise, blew holes in the defence offered by Mike Duffy’s lawyers, that the Senate was this lawless and inscrutable place that would have anyone confused. Nonsense, said Binnie – there were rules that mostly required a bit of common sense in their application. One wonders if this is something that Justice Vaillancourt will take note of as he deliberates on Duffy’s fate.

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QP: Not taking the budget bait

The day before budget day, and the Commons was not as full as it could or should be. Rona Ambrose led off, her mini-lectern on Andrew Scheer’s desk as it often is these days, and she read some concern about her supposition about the budget. Justin Trudeau insisted that they had a plan, and that the previous government didn’t get the job done. Ambrose tried to retort that they had the best job creation record in the G7, then turned a lament about raising taxes. Trudeau reminded her of the debt-to-GDP ratio. Ambrose insisted that investment has “fallen off the cliff” since the election, but Trudeau responded that economists said that this was the time to invest. Denis Lebel took over to ask about public confidence in the economy, which Trudeau reiterated their investment promises, and Lebel lamented the state of the forestry industry as an example of a measure needed in the budget, but Trudeau didn’t bite, and told him to wait for the budget. Thomas Mulcair was up for the NDP, and decried Bombardier’s plan to outsource some jobs, and demanded the protection of jobs in Canada. Trudeau agreed that they wanted to protect good jobs, which was why they were taking the time to assess Bombardier’s proposal. Mulcair demanded commitments on EI, for which Trudeau reminded him that they made commitments in their platform and they would keep that promise in the budget. Mulcair switched to English and lamented the conditions on First Nations reserves, for which Trudeau yet again reminded him that they made promises to renew the relationship, and that the budget would contain historic investment. For his final question, Trudeau asked about a family where the children were kidnapped to Kurdistan. Trudeau insisted that the return of those children were a high priority.

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Roundup: Revolving door alarmism

Oh noes! Civil servants take positions in ministers’ offices! How terribly partisan of them! Yes, it’s time for another head-shaking column from some of our more alarmist media friends, bemoaning sweetheart deals and revolving doors, but as usual, it lacks all pretence of nuance or much in the way of a reality check on the way things work. I find it mystifying that someone would rather have a twenty-something fresh out of university, whose only real qualification is loyalty to the PMO, filling those ministerial office positions rather than professionals with years of experience in the department. Because while yes, some civil servants went to work in ministers’ offices in the Conservative years, there were a lot of these twenty-somethings on power trips, trying to play power games with departmental officials, which one presumes that people who have civil service careers would be less likely to do. And yes, they get good salaries in those positions, but they’re also a) quite ephemeral given the nature of party politics, and b) enormously stressful jobs that have some people working eighteen-hour days, and they should be compensated for it. And the “revolving door” back to the civil service afterward? Again one asks why they shouldn’t be able to translate government experience into the civil service, particularly if they’ve gained some policy expertise? So long as they perform their duties in a neutral fashion once back in the civil service, I’m not seeing why this is a problem. We need good people doing public service in this country, and we have already set up so many barriers that make recruitment a real challenge for anyone not being bridged in from school, and the growing list of restrictions makes work in ministerial offices increasingly unattractive because their post-political opportunities have become increasingly limited. If we’re not careful, all of our political staffers will be twenty-somethings trying to get experience rather than established people of substance, and I’m not sure that’s a situation that anyone relishes.

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QP: The PM is going to Washington

Monday after a constituency week, and the PM was in Toronto to play with a pandas and talk to Huffington Post readers in a video town hall. Rona Ambrose led off, asking about the possibility of the Afghanistan war memorial being cancelled. Kent Hehr responded that the Veterans Affairs was working with Heritage Canada, with more to come in a few months. Ambrose changed topics, asking about Trudeau meeting with the Centre for American Progress, repeating some of their statements about the oil sands. Catherine McKenna reminded Ambrose that they believe that the economy and the environment go hand in hand. Ambrose then changed to the TD Economics projection for ballooning deficits, but Scott Brison was having none of it, reminding her of the debt legacy of the previous government and stated that they would not cut ideologically. Denis Lebel was up next, after a long absence from the Chamber, during which he repeated the Centre for American Progress question in French, and he got the same answer from McKenna in French. For the final question, Lebel repeated the TD question in French, and Brison repeated his own answer in French. Thomas Mulcair next, asking about the upcoming vote on their EI motion. MaryAnn Mihychuk reminded him that they are working hard to reform the EI system to help workers, which was coming shortly. Mulcair repeated the question with some additional notes about EI vote the Liberals made in the previous parliament, but got the same answer. Mulcair changed topics to the softwood lumber negotiations, asking if the PM would take a stand in Washington. David Lametti responded that they were working to maintain stable access in the US market. Mulcair then lamented the lack of new targets or timelines from the Vancouver meeting. McKenna insisted that carbon pricing mechanisms were on the way.

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Senate QP: Foreign Policy on the floor

The first hybridized Senate QP having deemed to have been a success, the Upper Chamber was ready for a second round, and this time, the featured guest star would be foreign affairs minister Stéphane Dion. When the Senate was called to order, and Dion brought onto the floor, Claude Carignan led off, asking about the relationship with Russia. Dion responded that Russia’s actions in Ukraine are unacceptable, that their assistance to the Assad regime was a problem, and that even at the height of the Cold War, we had diplomatic ties with the USSR to facilitate dialogue. Dion also noted the cooperation on the Arctic Council, and noted that cutting off relations won’t work.

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