Roundup: Artificial anti-terror drama

With the Senate back in the news, it’s like my own personal bat-signal, so let’s delve into it, shall we? First up is a piece about some Conservative senators talking about changes to national security legislation (formerly C-51, which we need to stop referring to it as, since it’s passed and with dissolution the number scheme slate is wiped clean). Despite the ominous headline that warns that they could “disrupt” the plan to change the anti-terror act, there is very little indication in the story that they intend to do just that. They say they’ll study the changes, and they’re not opposed to creating a parliamentary oversight body, so where is the actual plans for disruption? Oh dear. It seems that we may have torqued a headline for the same of drama. I mean, they could disrupt any bill, but they don’t. Try again. Meanwhile, Senate leader Claude Carignan is trying to get assurances that Conservative senators will be able to vote on the interim leader, seeing as that’s in the party’s constitution, particularly because they are now all that is left to represent certain regions of the country – like the Atlantic provinces, or Toronto and Montreal. They will also have a particular heft to their representation, with 47 senators to a current 99 MPs. So that’ll be interesting. (Also, are we really down to four non-Harper appointed Conservatives already? Time flies). Senator Runciman talks about party renewal including proposing that they have their own Kingston Conference to lay the groundwork for their return to power, much as the Liberals have done in times past. Historian Christopher Moore thinks the party should return to caucus selection for permanent leader rather than an expensive and lengthy membership-driven process (which I would agree with), but somehow I doubt the party will buy it.

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Roundup: Campaign autopsies in full swing

Not that we’ve had a day to catch our breaths (more or less), the campaign post-mortems are beginning, especially from the Conservative camp. Things are starting to leak out, such as this gem from the Conservative camp, which tells about their considering and ultimately rejecting the Hail Marry pass of having Harper say that he wouldn’t run after this campaign. It also tells of the Conservatives trying to offer advice to the faltering NDP campaign about how to attack the Liberals, lest the Liberals win out over both of them, and lo and behold, they did. Ron Liepert – a former provincial cabinet minister who turned federal to take out Rob Anders at the nomination race – talks about a campaign where the central party wasn’t respecting the local candidates or listening to their concerns on the ground. Andrew Coyne writes that the party defeated itself with a “deep, unrelenting, almost poisonous cynicism.” Not surprisingly, Conservatives like Michelle Rempel are questioning the tone of the campaign. As for the NDP, they are starting their own process, but some, like now-former MP Craig Scott, are less gracious in defeat.

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Roundup: A moratorium courting constitutional crisis

Without going too deeply into this (something I’ll save for later), Stephen Harper decided that his best way to “differentiate” himself on the Senate was to flout the constitution, and declare a moratorium on any future appointments. There are already 22 vacancies in the Chamber – a full fifth of its complement, and more than any in history. It’s unconscionable, because there are supposed to be 105 senators, and not a maximum of. It’s a complete abrogation of the compromises made by the Fathers of Confederation, and furthermore, it’s also flouting the decision of the Supreme Court who said explicitly that the Senate has a role with sober second thought. That role is already being compromised because they’re having trouble filling committee seats, and this is a very serious problem. On the one hand, this official declaration of a moratorium is a gift to Vancouver lawyer Aniz Alani, who has launched a challenge in Federal Court to get a declaration that the Prime Minister is obligated to make appointments as they happen. It’s also courting problems with federal-provincial relations for a couple of reasons – one is that Harper is now attempting to do through the back door what he won’t do from the front door (again), and he’s using a childish tactic of throwing this problem into the laps of the premiers to come up with some kind of solution without him. It also highlights that there is again a choice for voters in the election – you can vote to keep in a party whose leader flouts the constitution and the Supreme Court; one who promises to do the very same while chasing the pipe dream of Senate abolition; and one who has promised concrete and constitutional measures to reform the appointment process in the same way that Harper did with vice-regal appointments. Oh, and in case you were wondering, if the courts declare that a Prime Minister has a constitutional obligation to make appointments as they happen – and that’s pretty much guaranteed – and the PM still refuses to, we’re into constitutional crisis territory where the Governor General will have the very real need to dismiss said PM. This is what we’re courting here. It’s not a trivial matter.

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QP: Gross mischaracterizations and repetition

The second-last Monday QP of the 41st parliament, and it looked like it was going to be a bit of a sleeper. Thomas Mulcair showed up on a Monday, which was unusual, and possibly because he’ll be at Jacques Parizeau’s funeral tomorrow. None of the other leaders were here either, however, so it was going to be pretty weak sauce. Mulcair led off by grossly mischaracterizing the AG revelation on Senate Speaker’s spending, saying that Speaker Housakos has a “spending problem.” Paul Calandra said that the Speaker had answer the question for itself. Mulcair demanded to know if the PMO was orchestrating the response to the recent Senate scandal, to which Calandra responded that the Senate invited the AG in and would answer for themselves. Mulcair asked again in French, got the same answer also in French, and then he moved onto the G7 communique on climate change. Colin Carrie got to respond to this one, reading that the G7 came up with a strong and unanimous statement on climate change. Mulcair demanded action on climate change,and got another talking point about our “clear” record. David McGuinty led off for the Liberals, asking in French about contradictory statements the government has made about infrastructure spending at the G7. Denis Lebel insisted that the facts were wrong, and that they were making record investments. Adam Vaughan blasted the government for their false assurances at the Federation of Canadian Munipalities meeting, to which Lebel insisted that the former Liberal government didn’t live up to promises. Vaughan hammered on the government and their messaging, to which Joe Oliver got up to insist that money would be available when projects needed them.

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Roundup: Getting ahead of the story

As we inch toward the full release of the Auditor General’s report, more material is leaking out, while some senators are trying to get ahead of the story and highlighting what they see as problems with the audits. Conservative Senator Janis Johnson, for example, was flagged for a couple of flights, and she even provided ample documentation to show that it was parliamentary business, however the auditor made a value judgement – he “felt” the trips were personal, never mind that the personal aspects to said trips (also perfectly allowed and not billed to the Senate) were booked after the work trips had been arranged, and yes, documentation supports it. That the auditor insisted that the problem was that she didn’t use the Outlook calendar is an exceedingly bizarre criteria for finding the expenses questionable, despite other supporting documentation. Given the legitimate dispute over the audit report that he has expressed publicly, and that of Speaker Housakos, it’s no doubt that we’ll start to get a better taste of what could be a very problematic audit from the auditor’s side. Meanwhile, we’re starting to get more boneheaded commentary from the pundit class again, wondering why the government just can’t stop funding the Senate – as though it wasn’t a completely separate house of Parliament with institutional independence and not answer able to the government. Why not cut off funding to the Supreme Court as well? Oh, right – we have a thing called the Constitution. Other hosts are stoking this hysteria over what they are trying to claim is a conflict of interest between the Senate leadership and the establishment of the arbitration process with Justice Ian Binnie, but when you look at the facts, it’s just not supportable, as Senator Cowan amply pointed out on The House over the weekend. When it’s pointed out that Duffy and company didn’t get this kind of a process, Cowan said point blank that he didn’t agree with that process at the time and that two wrongs don’t make a right. Elsewhere, Thomas Mulcair vowed he would consult with the premiers to try to abolish the Senate if he should be elected, to which I say good luck with that. You think the Atlantic provinces will give up that representation, or that Quebec wouldn’t have a laundry list of other demands? Keep dreaming.

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Roundup: Rushing through the bill…again

With the clock ticking down to the end of the current parliament, the government is going to start lighting a fire to getting C-51 passed over the next two weeks, before the Easter break. That means accelerating the committee hearings to largely stuff them in the next week, with lots of witnesses in single sittings and little time to hear from each of them. It’s not a surprise that the government would use this particular tactic again to ram though contentious legislation, as they’ve done repeatedly, because they apparently have little capacity or desire to actually do the due diligence that they’re supposed to when it comes to these kinds of bills. Not surprisingly, there’s going to be plenty of opposition to large parts of the bill, and some of those who do support parts of the bill are at least concerned that there’s not enough study of the ramifications, or that there is enough needed oversight. But will the government make changes? Unlikely. Adding their voices to the opposition to the bill over the weekend was the Canadian Bar Association.

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Roundup: About those federal minimum wage claims

I got a householder from my MP, Paul Dewar, the other day, and the figure he cited on it bothered me – that raising minimum wage for federally-regulated workers would benefit “tens of thousands.”

I remember this being fact-checked when the NDP first announced this policy, and shortly after I tweeted the photo of the mailer, one of my followers found the reference – that there are currently 416 federally-regulated workers earning minimum wage.

And let’s also be clear – federally-regulated workers are paid the prevailing provincial minimum wage, which keeps them in line with their local counterparts, and is in line with other jurisprudence regarding federally-regulated workplaces and provincial workers compensation regimes – jurisprudence that has been upheld at the Supreme Court level. It was later pointed out to me that the number of federally-regulated workers who earn between the local minimum wage and $15 may indeed be in the thousands.

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Fair enough. It may well be that the intent of the NDP policy is to encourage the provinces to raise their own provincial minimum wage rates, but no province with an NDP government has bothered to make such a move, so that may be a telling sign. The bigger issue, however, is that this $15/hour minimum wage issue is a gimmicky policy that will actually do nothing to raise anyone out of poverty, and in fact seems to be yet another case of a political party lifting talking points from American sources without bothering to check the Canadian data or context, and if you talk to any credible Canadian economist, they will tell you that you may as well advocate raising the minimum wage to $20 even $20,000/hour, because raising the minimum wage is terrible policy for poverty reduction. What does work, however, are cash transfers to the poor by means of things like the GST rebate mechanisms that are already in place. But it’s populist to say that people “deserve a raise,” even if it’s terrible policy, and it deserves to be pointed out. Context is as important to journalism as repeating facts in isolation.

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Roundup: Eminent Canadians push back

The anti-terror legislation again dominated the headlines yesterday, starting with a letter that four former Prime Ministers – Turner, Clark, Chrétien and Martin – along with 18 other eminent Canadians including five former Supreme Court justices, penned in the Globe and Mail about the need for better oversight of our national security agencies. You know, like the Martin government was trying to pass in 2004 before the Conservatives and NDP brought them down (and which Peter MacKay blatantly misconstrued in QP). What’s more baffling is that the government, by way of Jason Kenney, is now arguing that the bill doesn’t need more oversight because it gives more power to the courts to provide it. (Funnily enough, this is the same party who likes to moan about judicial activism). The problem with judicial oversight is that it also isn’t really oversight, and we have actual demonstrated cases where CSIS didn’t tell the truth when they went to the courts for a warrant. One of those cases is now waiting to be heard by the Supreme Court, because CSIS failed in their duty of candour. This is not a minor detail, but rather a gaping hole in the government’s argument. Oversight is a very important and necessary component, and it makes no sense that the government can keep ignoring it because it’s going to come around and bite them in the ass if they don’t get a handle on it, particularly when the bad things that happen come to light, and they always do, and we’ll have another Maher Arar-type situation.

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Roundup: Laying out their C-51 positions

Not that it was any surprise what they were, but the opposition parties laid out their explicit positions on the new anti-terror bill in advance of the start of debate yesterday – the NDP firmly opposed, the Liberals walking the line by listing the things they support in the bill and the things they don’t, and vowing to make it an election issue if the Conservatives don’t make the necessary amendments. But while it’s certainly within the right of the NDP, as official opposition, to call for the bill’s defeat, if you scratch beneath the surface a little, much of their messaging on it is a mess. At his press conference yesterday, Mulcair was simultaneously saying that they want the bill defeated writ large and voted down at second reading (agreement in principle), while saying that it needs more debate and amendments at committee, and then reiterating that it’s beyond saving, that there were no amendments that could make them live with it. From a procedural standpoint, that’s all over the map. And then there’s the conspiracy theory aspect, where Mulcair is going on about how a government could use CSIS to spy on their political adversaries under these broad definitions, and then to the Francophone media, he goes full-bore on re-fighting 1970, and it’s all October Crisis and the War Measures Act. That, of course, has to do with his Quebec voter base, which is polling its support for stronger anti-terror measures, discomfited by the terror-inspired hit-and-run last October, and probably the Charter of Values xenophobia around Muslims that is still an undercurrent. Suffice to say, the scattershot of arguments against make it hard to follow the plot. For her part, Elizabeth May is going full-on conspiracy theory, insisting the bill will turn CSIS into a “secret police” – err, except that they have no arrest powers, and then tried to say that such a bill would basically turn Rosa Parks into a terrorist in CSIS’ eyes. I’m not sure that’s helpful. Terry Glavin makes the point that while there are alarming things in the bill, hysteria doesn’t really help the debate. As for Peter MacKay, whose use of “cultural” causes with relation to the not-really-would-be-terror-attack in Halifax, when asked what he thought the definition of terrorism was, MacKay told reporters to “look it up.” He’s all class.

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Roundup: Reassigning Fantino

In some ways, it was a big surprise because it’s almost – almost – like Stephen Harper was admitting he made a mistake with regards to his choice for veterans affairs minister. But it wasn’t entirely that – just a bit of a shuffling of the deck. Without really summoning press to Rideau Hall yesterday, the PM shuffled Julian Fantino out of Veterans Affairs, and put newcomer Erin O’Toole in his place. But lest you think that Fantino has had his day in cabinet and he can quietly disappear into the backbenches, no – Harper found him a new home. Technically it’s his old home as Associate Minister of Defence, but instead of being on the procurement file, as he was previously, now he’s been charged with Arctic sovereignty, cyber-defence and foreign intelligence. Let’s remember that when Fantino was previously on that job, he had the F-35 fiasco blowing up around him. Then Veterans Affairs fell apart around him when he was in that portfolio. And if his lack of interpersonal skills was a big part of the failure at Veterans Affairs, he’s going to be in charge of a fairly diplomacy-heavy role with Arctic Sovereignty? Really? Same thing with foreign intelligence and CSE. You want a notoriously poor communicator to deal with those questions? Really? (My other thought is about what this says about confidence in the abilities of Rob Nicholson if the PM need to split off some of his duties to hand them over to an Associate Minister). As for the veterans file, it’s going to be an uphill battle for O’Toole, who is an immeasurably better communicator than Fantino or his parliamentary secretary, Parm Gill, ever were, but he’s still constrained by the policy of the day, and the spending restraints that the government has imposed across the board. Sure, he may be able to communicate better and maybe not alienate his stakeholders to the same extent that Fantino did, but if he can’t really change what’s really ailing the department, it is likely to just be a fresh coat of paint and little else. Paul Wells shares a few thoughts about what the PM might have been thinking.

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