Those seven new independent senators are now sworn in and installed, and it seems the Conservative spared no time in trying to insist that they were all secretly Liberal partisans, particularly the new “government representative,” Senator Peter Harder. In response to questions during a restored non-ministerial Senate QP, Harder said that he was recommended for appointment by the Institute for Research on Public Policy, and that he had no communication from the government about it. He also claimed he didn’t intend to be partisan, but be a kind of bureaucratic presence who could field questions on behalf of the government, while relaying concerns to cabinet on occasion. Harder also said that the new practice of bringing ministers to the chamber to answer questions would continue, and be expanded to 40 minutes, which is not a bad thing. What I am a bit more concerned about is the fact that Harder is talking about making amendments to the Parliament of Canada Act to start formalizing some of these changes that Trudeau has imposed on the Senate, but I’m not seeing much in the way of collaborating this with the other efforts to modernise the Senate’s operations. That this would be a discussion around the cabinet table and not involve senators themselves, based on Harder’s statements, is concerning because it does seem like meddling in the way the Senate operates – something Trudeau has already been doing with little regard for the consequences – despite the fact that none of them are in the Senate, particularly under this new regime. I don’t want to go so far as to say that he’s meddling in the Senate’s privilege, but it’s getting close to the line in some cases. The Senate is the institutional memory of parliament, and is supposed to have a longevity for a reason, which is why Harder insisting that it’s not unusual for governments to tinker with the Act to reflect stylistic preferences rubs me the wrong way. I also have some sympathy for the concern that “government representative” is a fairly American term that’s not really reflected in our Westminster traditions (though perhaps Australia’s “Washminster” system may find a more analogous term. We’ll see what Harder starts implementing soon enough, but I do retain a sense of scepticism.
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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.
Senator Dagenais’ plan to file a complaint about the Auditor General is an interesting turn of events. #SenCA pic.twitter.com/pbD6kKvu1v
— Dale Smith (@journo_dale) March 21, 2016
Roundup: Cullen tries to game the debate, again
Nathan Cullen is at it again with his attempts to try and skew the electoral reform debate in his direction. Not content to try and game a future Commons committee with “proportional” (but actually not even remotely proportional) membership, Cullen insisted yesterday that the government set up a citizen’s assembly to run a parallel kind of consultative process in order to really make sure that they’re hearing from all the right voices, and so on. Of course, what Cullen isn’t saying is that this is but one more dishonest tactic in trying to hijack the process into delivering the system that his party prefers. But how do I know that this is what the outcome would be? Well, a couple of things, the first is of course the bias for reform that these kinds of assemblies are set up with, and in the kinds of “eminent Canadians” that Cullen seeks to lead this assembly. You can just about imagine the names on his shortlist (Ed Broadbent, Craig Scott, etc), but one really doesn’t have to look very far. Political academia is very much biased in favour of reform, as is the majority of punditry in this country. The fix is very much in when it starts. Also, the experience of the citizens assembly in Ontario that recommended MMP in advance of the ill-fated Ontario referendum on a new electoral system is a kind of demonstration as to how these assemblies become convinced as to the magic that these new systems will apparently bring – they are in an environment where the current system is not adequately explained or represented, and they wind up favouring a system which purports to maximise on the supposed benefits, in this case MMP. Fairness! Local representation! Cooperation! Votes counting! Forget the usual caveats about logical fallacies and magical thinking that these proponents engage in, they are essentially being sold a time-share in Mexico, and make no mistake that by the end, they will sign up for it. It also feeds into the narrative that PR-enthusiasts like to dine out on, about how people just don’t understand how great PR/MMP is, but because those in the citizen assembly really got to learn about it, they understood just how awesome and magical it is, so they really get it. Cullen is trying to tap into all of this – convince your assembly that the preferred MMP system is the way to go, you suddenly have moral authority to pursue it in parliament for all it’s worth, particularly if the government is reluctant to put it to a plebiscite. Cullen is more transparent than he thinks he is, which is why this new plan deserves to be treated with scepticism.
QP: Flailing about the deficit
Fallout from the financial update was still front and centre, and Rona Ambrose was off the mark to insist that deficits meant higher taxes in the long run. Trudeau immediately went into his talking points about investment and growth. Ambrose tried to burnish her previous government’s fiscal record, and claimed that our world leadership was in jeopardy (if it even existed). Trudeau hit back that Canadians didn’t believe in the Conservative record. Ambrose demanded immediate action on pipelines to create jobs, but Trudeau insisted that the only way to get projects off the ground was to do it in an environmentally responsible way. Maxime Bernier was up next, and railed about the size of deficits, to which Bill Morneau, without notes and in French, responded with points about investing in the economy. When Bernier pressed, Morneau insisted that the Conservatives left them in a hole that meant they had to start further behind. Thomas Mulcair got up next, and insisted that there was no firm commitment for Bombardier to do maintenance in Canada. Trudeau praised the agreement and everything it offered. Mulcair asked again in English, bringing in the Aveos contract, but Trudeau insisted that they were supporting the aerospace industry. Mulcair turned to EI benefits, and demanded immediate reforms to hours and eligibility, and Trudeau agreed that they were making changes. Mulcair asked again in French, and got the same answer.
Roundup: Procedural secret ballots?
Suggestions for improving the way things work in the Commons are relatively common, and mostly a load of nonsense, but then Kady O’Malley comes along and pitches a new idea that I’d never heard of before, so I figured I’d deconstruct it a little. Essentially, she takes a never-before-used-but-on-the-books procedural tactic and looks to expand it – in this case, secret votes in the Commons on procedural matters. The one on the books is an appeal mechanism for MPs to use when their piece of private members’ business is deemed non-votable by both the subcommittee and the full committee that determines these things. Why this hasn’t been used before is because MPs generally know to keep their PMBs within the rules – federal jurisdiction (which they try to get around with the creation of national strategies) or by creatively trying to ensure that they don’t spend money (though some of those suggestions are too-cute-by-half, and yet they try anyway *cough*That NDP climate change bill that they won’t let die*cough*). O’Malley argues that this secret ballot process, extended to other procedural votes on things like time allocation and splitting complex bills into smaller parts, will somehow embolden MPs and ensure that House Leaders have to convince their caucuses rather than crack the whip. And while this sounds great in theory, I’m not buying it. For starters, even if we think that secret ballots for MPs under limited circumstances will somehow miraculously embolden them (and I’m highly doubtful about that one), it also takes them off the hook when it comes to voting for unpopular things like time allocation or keeping omnibus bills intact. Their voters should see them do it so that they can hold them to account for it. The larger problem, however, is that this is a suggestion that largely re-litigates the last parliament. The issue of omnibus bills this government has promised to amend the Standing Orders to prevent (and that’s a promise that we can hold them to account for), while the issue of time allocation is almost certainly to be handled differently, because frankly, we’re not seeing a return to the days of an incompetent House Leader, like Peter Van Loan most certainly was. And frankly, even it that wasn’t the case, I doubt we would see too many outliers on contentious bills being put before a procedural vote because they tend to buy their party’s decision on matters and will find a justification if it ever comes to that. So while it’s a nice idea in theory, I just can’t see this as anything other than yet another well-meaning bit of tinkering that will only serve to eventually make things worse through its unintended consequences. No thanks.
My reaction to @kady’s latest? https://t.co/nKKqjBfyqh pic.twitter.com/xbav36ddPi
— Dale Smith (@journo_dale) January 12, 2016
Roundup: Important praise for the status quo
The electoral reform conversation has been going around, and proportional representation fans frequently take to my Twitter feed to harass me about the subject, and we usually end at the impasse where they refuse to deal with our system as it exists in order to comprehend its logic. Regardless, there are few voices out in the mainstream in favour of the status quo option, but I was pleased to see that the Ottawa Citizen’s editorial board wrote a defence of the status quo. While some of it needed a bit more work (particularly in how they went about describing how the current system can “skew” results – it really doesn’t if you read those results properly and don’t import the logical fallacies of popular vote figures), but the nub of their argument is the most important – that our current system is particularly valuable in that it lets the electorate throw the bums out on a regular basis. It’s often said that in Canada, we don’t elect governments – we defeat them. And every few years, we get tired of who is in power, and we punish them and elect someone new who will clean up the mess left behind (and really, most of those parties need the defeats to let them clean house, re-energise, and think about where they went wrong. Sometimes, it takes them a couple of elections to do just that). What the editorial didn’t address very specifically is that in many PR countries, there really isn’t this ability to throw the bums out. Instead, they tend to be dominated by a central party who remains in power for decades, while they simply shuffle up their coalition partners when they need something. This was certainly the case in Germany, and while we don’t know what a PR-landscape in Canada would look like, it is a distinct possibility as there would be more incentive for small and fringe parties who exist to start agitating for their own power and influence within a coalition (as that would be the likeliest way to form future governments in what looks to be a continued sense of minority parliaments). As more small parties grow, the larger ones will likely fracture as there will be less incentive for the interests that they contain would stick around when they could gain outsized influence as a smaller party vying for that coalition power. Add to that, if we adopt a PR system that employs party lists, that makes it even harder for problem MPs to be tossed aside, as their fortunes are in the hands of the party itself, not the electorate. While emotional arguments about perceived fairness and “wasted” votes tends to rule the day, accountability should be a feature that requires greater consideration. Most other systems can’t provide it the way ours can, and that remains one of the reasons why I remain with team status quo on our electoral system.
Roundup: Oversight and transparency
Oh, look – it’s the first Senate bat-signal of the year, this time with an interview with Senator Beth Marhsall on CBC Radio’s The House. The treatment of the interview does raise some of the usual problems when it comes to reporting what’s going on in the Senate – namely, that journalists who don’t follow the institution, or who haven’t actually given a critical reading of the Auditor General’s report mischaracterise it as showing “widespread abuse” when it certainly was not, and a good number of the report’s findings were in fact suspect because they were value judgements of individual auditors, many of whom were perfectly defensible. Marshall, however, thinks that the AG’s suggestion of an independent oversight body is a-okay, despite the fact that it’s a massive affront to parliamentary supremacy. The Senate is a legislative body and not a government department – it has to be able to run its own affairs, otherwise out whole exercise of Responsible Government is for naught, and we should hand power back to the Queen to exercise on our behalf. I can understand why Marshall might think this way – she is, after all, a former provincial Auditor General and would err on the side of the auditor’s recommendations regardless, but the fact that no reporter has ever pushed back against this notion and said “Whoa, parliamentary supremacy is a thing, no?” troubles me greatly. I still think that if an oversight body is to be created that it should follow the Lords model, as proposed by Senator McCoy, whereby you have a body of five, three of whom are Senators, and the other two being outsiders, for example with an auditor and a former judge. You get oversight and dispute resolution, but it also remains in control of the Senate, which is necessary for the exercise of parliamentary supremacy. Marshall’s other “fix” is the need to televise the Senate for transparency’s sake. While it’s a constant complaint, and yes, cameras will be coming within a year or two, the notion that it’s going to be a fix to any perceived woes is farcical. Why? With few exceptions, people don’t tune into the Commons outside of Question Period, despite our demands that we want to see our MPs on camera to know they’re doing their jobs. Cameras, meanwhile, have largely been blamed for why QP has become such a sideshow – they know they’re performing, and most of the flow of questions these days is atrocious because they’re simply trying to get news clips. I’m not sure how cameras will improve the “transparency” of the Senate any more than making the audio stream publicly available did, never mind that committees have been televised for decades. If people really wanted to find out what Senators do, there are more than enough opportunities – but they don’t care. It’s easier to listen to the received wisdom that they’re just napping on the public dime, and the people who could be changing that perception – journalists – are more than content to feed the established narrative instead.
Roundup: The problem with paper candidates
Yesterday, the quixotic Jean-François Party released a rare bilingual statement to decry the use of “paper candidates,” citing a case of a Green candidate from BC who had never visited the riding he or she is contesting in Quebec. If there was to be a cautionary tale around the use of paper candidates, it should have been with both the NDP in the 2011 federal election, and more recently in the Alberta provincial election. In both cases, paper candidates accidentally got elected in popular “waves” where it was clear that the voters of Quebec and Alberta were motivated to vote for the party for their particular reasons (affection for Layton in 2011, anger with the Progressive Conservatives in Alberta this year). In both cases, some less than stellar MPs/MLAs were accidentally elected – one of them, incidentally, joined the Jean-François Party. While Jean-François Party co-founder (and now party president and candidate) Jean-François Larose was one of those NDP MPs who was part of the sweep, then-fellow NDP MP Manon Perreault was an example of how a paper candidate turns out to be trouble. Over the course of the 41st parliament, Perreault was charged and convicted of criminal mischief when she falsely accused an assistant of theft, and was also later investigated by the RCMP for problems with travel claims expenses (though I’m not sure we heard the outcome of said investigation). Nevertheless, she was turfed from the NDP caucus during her trial, and after the writ dropped, she joined the Jean-François Party. So really, that the party is now coming out against paper candidates when their very existence is dependent on the victory of such candidates is curious. The problem, however, is that the parties have an incentive to create these candidates, and that incentive is that running full slates, regardless if those candidates have ever been to those ridings or not, allows them to claim the maximum spending cap. Hence, as especially in Quebec in 2011, ridings which barely had NDP riding associations all accepted the “nominations” of those paper candidates which included Ruth Ellen Brosseau and the McGill Four, because the NDP wanted their spending cap. So what to do about it? It’s a sticky situation because it would seem the answer is to remove the incentive of the spending cap, but how does one enforce that the candidates have actually been to the riding, or are actually campaigning? Do we really want Elections Canada to become an intrusive body to not only poke their heads into the party nomination process and to check up on those candidates in the ridings? It’s hard to say. I do think that paper candidates are an affront to our democratic system, but without turning Elections Canada into Big Brother, I’m at a loss as to a workable solution.
The Jean-François Party wants to do away with paper candidates. So far their MPs are all cast-offs from NDP/BQ. pic.twitter.com/nU2EtrQdMy
— Dale Smith (@journo_dale) October 6, 2015
Roundup: Two senators are not enough
After Thomas Mulcair indicated that he’d been approached by a couple of Senators who would be willing to help him pass his agenda, we now get a couple of names – Liberal Senator Larry Campbell, and Conservative Senator Nancy Ruth, though the latter isn’t talking about it (and personally I wonder why she would volunteer considering how shoddily she’s been treated by the NDP after she made that joke about camembert, and yes, it was a joke). But it’s not quite as cut-and-dried as Mulcair seemed to make it out to be. Campbell, in an interview with CBC, said he’d be willing to ensure that bills get due credit, but that’s not exactly putting oneself in the position of shepherding through an entire NDP agenda. I also have my doubts when Campbell says that the Senate doesn’t need a leader of the government and a leader of the opposition, largely because it clashes with our system of Responsible Government. The current framework allows for Senators to hold the government to account in the way that MPs can, by asking questions of a member of cabinet – nominally the leader of the government in the Senate, never mind the fact that Harper’s current leader is not in cabinet because he churlishly is trying to distance himself from the Senate. And one of the most underrated ways in which Senators perform this accountability is in the leader’s ability to take questions on notice and provide written responses. Losing this ability would be a blow to the Senate’s accountability function, which is a vital part of their role of Sober Second Thought. You need answers from government if you are to properly consider their legislative agenda, and losing that conduit is going to hamper that ability. Campbell and Senate Liberal whip Jim Munson also mused about making the Senate Speaker elected by the chamber, but I’m not sure how easily this can be accomplished considering that the Senate Speaker has duties beyond what the Commons Speaker does in terms of protocol and diplomatic duties, which is one of the reasons it’s a Governor-in-Council appointment. He or she is the “Queen’s man” (or woman as the case may be) for a reason, and there may be a lot of hoops to jump through in order to make that change. I’m not saying it’s not doable, but it may not be easily doable – particularly if you have an NDP prime minister who has no interest in doing anything for the Senate. Suffice to say, it’s not enough for Mulcair to use these couple of senators as an excuse to ignore his constitutional obligations.
Senate QP: What about labour trusts?
For what was likely to to be the final QP of the parliament — for realsies this time — unless the Senate Liberals are able to come up with some new procedural tricksyness to delay C-377 further. There were only two statements today — Canada Day and the museums in Montreal over the summer — and after speeding through Routine Proceedings, Senator Cowan rose for QP. He led off noting the government studiously avoided answering questions yesterday, and how Bill C-377 could turn mutual funds and TFSAs into “labour trusts” and triggering disclosure obligations. Answering for the government, Senator Carignan evaded, saying it was important to pass the bill and noted unions posting on Twitter that they were working with the NDP in preparation for the election. Cowan noted that had nothing to do with his question, and demanded an answer on “labour trusts.” Carignan continued to evade, noting mandatory union dues. Cowan was not swayed and wanted an answer on the issue of the expert testimony on how the legislation would catch those funds. Carignan said that he was there to answer questions and not play “interpretation games” — which is ridiculous because it was a legitimate question about the substance of the bill. Cowan tried asking a different way — would they be okay with people’s private information going online if they were caught up in a “labour trust” interpretation, at which point Carignan babbled about legal opinions. Cowan, at the end of his patience, said that Carignan’s refusal to answer meant that he was okay with people having their financial information being made public. Carignan retreated to his mandatory union dues talking points. Senator Moore rose on a supplemental, asking if Carignan was okay with his own mutual funds and TFSAs being made public under the bill. Carignan went on a homily about the time he had Quebecor shares that he had to sell. Moore tried again, and got no answer.