Tag Archives: Speaker Regan

Roundup: Sending in the wrong minister

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The shenanigans at committees on all sides are severely testing my patience, as things continue to spiral toward a potential contempt of Parliament charge, never mind that what’s being demanded is exceeding what is generally acceptable parliamentary norms.

The demands that staffers appear at committee are clearly outrageous and in violation of the sacrosanct notion of ministerial responsibility, but the Liberals are nevertheless pushing the bounds of what is acceptable in and of itself. Instead of sending staffers, they were offered the chance to send the prime minister instead – a bit of a long shot, but sending the Government House Leader was clearly testing the committee’s bounds. For them to then send the Minister for Middle Class™ Prosperity® on a second appearance is definitely pushing buttons, and they should know better. If you’re going to invoke the principle of ministerial responsibility, then gods damned well respect it and put the actual minister forward, and for PMO staff, then the prime minister is the responsible minister. Sending Mona Fortier is a deliberate slap in the face.

At the same time, I am also particularly at the end of my rope with the constant demand for unredacted documents, and the insistence that the House of Commons’ Law Clerk be the one to do any redactions. His office is already buried under the literal millions of documents that the Health Committee demanded, and now the Foreign Affairs committee also wants a piece of him and his time to do even more redactions when the non-partisan civil service is normally the body that does this work. This is generally beyond the scope of what the Law Clerk should be doing, and he’s already stressed his resources and staff to do work they shouldn’t be doing, and yet more MPs keep making even more demands. That’s not how this works, and not how this should work, and yet they keep hand-waving about “cover-up!” as though that’s some kind of talisman. I’m not sure what the solution here is other than telling MPs from all sides to grow up, but that’s where we are.

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Roundup: Upcoming Speaker election

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As you may be aware, the very first order of business in any new Parliament is the election of a Speaker, and today we have confirmation that the incumbent, Geoff Regan, is planning to run again for the role, as are the deputy and assistant deputy Speakers from the last parliament, Bruce Stanton, Carole Hughes and Anthony Rota, and one new face, Conservative MP Joël Godin. What is new in this Parliament is the plan to run the election by way of preferential ballot rather than successive rounds of voting, which is no doubt intended to speed up the process and reduce the use of hospitality suites between voting rounds as has happened in previous Parliaments. (ETA: Apparently I am mistaken and this is the second time they will have used a preferential ballot. My apologies). The speedier process will also allow them to have the Speech from the Throne on the same day, which is unusual in and of itself.

One of Regan’s main advantages in this race is experience, which is going to be a very important consideration in a hung parliament situation. And while many of us would love an assertive Speaker like the UK’s John Bercow (perhaps without the alleged bullying of House of Commons staff), who did a lot to protect the rights of MPs against the party leaders and the Cabinet, we have to remember that Canadian Speakers are hampered by the Standing Orders that limit their powers. Some of those rules may be changing – the Liberals pledged as part of their platform that they would like to see the Speaker do away with the speaking lists provided by the party whips and House leaders, which frees up the Speaker to pick MPs to speak and perhaps enforce some more discipline that way – but it’s only a half-measure so long as we still allow scripts and prepared speeches in the Commons. Nevertheless, if they go ahead with even the half-measure, that could be a bigger challenge for any Speaker to take on, so having one with some experience under his (or her) belt would be a beneficial thing.

Meanwhile, Kady O’Malley’s Process Nerd column offers the guidebook on how the Speaker election will be run, as well as just what the job entails should any other MPs be considering the job.

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Roundup: Too big to prosecute?

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So, yesterday was a bit of a day, wasn’t it? To recap – the Globe and Mail published a piece that cited unnamed sources that the PMO had leaned on then-justice minister Jody Wilson-Raybould to direct the Director of Public Prosecutions to abandon the prosecution of SNC-Lavalin as part of an ongoing corruption trial (related to Libyan contracts) so that they could take a deferred prosecution agreement instead – basically a plea deal administered by the courts, which the Director had thus far refused to do. (Note: For the Attorney General to make such a direction to Public Prosecutions, it must be done publicly and published in theCanada Gazette. This is not something that can happen on a whim). The story goes that Wilson-Raybould refused, and coincidentally she was shuffled from the post weeks later. Justin Trudeau refuted this, but because he strictly said that he and his office didn’t direct Wilson-Raybould or now David Lametti on this file, everyone parsed that as not saying he didn’t apply pressure, only for Lametti and every other Liberal put out on the file later in the day to add that he didn’t direct or put pressure on them. For what it’s worth.

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Now, I have questions. If the PMO applied this pressure, it would be a Very Bad Thing. And we don’t know if they did or didn’t. However. The Globe story gets out the red ball of yarn and starts pinning lines between different items on the conspiracy map, and some of those items I have a problem with being there. One of those items is that the government passed amendments to the Criminal Code that enabled there to be deferred prosecution agreements back in the spring, and one of the “sources” that the Globe taps insists that this was done solely to benefit SNC-Lavalin. And I have a problem with that. Why? Because I wrote about those provisions back when they were being debated, and I spoke to a number of lawyers who specialise in white collar crime. If this had been solely for the benefit of SNC-Lavalin, I would have expected them to say that this makes no sense in the bigger picture, but they didn’t. Instead, they said that these changes barely had Canada keeping up with other comparable jurisdictions (and in fact, some said that they still kept us behind). The consensus was that these kinds of changes were long overdue. And there is a record of government consultations about this issue that produced a report. For this to be a “direct line” doesn’t hold any water. “Oh, but they lobbied!” Of course, SNC-Lavalin lobbied. It was in their interest to do so. That’s not a revelation, nor is it any indication that the government actually listened to them. They’re also trying to get judicial review of Public Prosecutions’ decision not to offer them a deferred prosecution, but that doesn’t mean they’ll get it either. We also need to remember the size of SNC-Lavalin, and how many thousands of jobs and billions of dollars they have on the line, particularly in Quebec, and if any party thinks that they’d “get tough” on them with that on the line, they’re deluding themselves. (This is part of the problem with oligopolies in Canada).

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There is also the point about Wilson-Raybould in this. Many people, pundits included, are suddenly treating this story as some kind of exoneration for her demotion, and ignoring the fact that there were very real reasons for why she was replaced, many of which had to do with the fact that she wasn’t managing her office competently, and she was making questionable staffing choices in her own office. I have my own unnamed sources in the legal community who can point to her incompetence, and this is now being swept under because she’s suddenly being hailed as a hero – which is another reason why I have some suspicions about the source of this story (and why she hasn’t been in a hurry to offer any denials, only a “no comment”). The Globe story and its reporters are also trying to draw a line in her post-shuffle release about the justice system being free from political interference, but again, this was also taking place in the backdrop of the Meng Wanzhou extradition affair, and questions about the rule of law clanging around, so again, I have doubts that there is a direct connection.

So what next? Well, we can expect another few days of communications incompetence from Trudeau and the government because that’s what they do every single time something blows up on them, and eventually they’ll be forced to be more candid, but by then, everyone will have parsed everything to death and filled in the gaps with their own wild theories. Because this is a government that can’t communicate their way out of a wet paper bag, and they make things worse for themselves every single time. There are demands for a police inquiry or a full public inquiry, but I have my doubts that Trudeau would call one so close to an election – but stranger things have happened.

Meanwhile, Chris Selley points to the shocking levels of cynicism that this whole story displays, while Susan Delacourt notes that the silence around Wilson-Raybould is allowing the “ring of truth” to overshadow a more complicated actual truth (and also hints to possible morale problems in the Liberal caucus). Paul Wells offers some withering analysis of what’s gone on with this, and the way this is reflecting on certain senior PMO staff, which could be a growing problem.

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Roundup: Ford’s win, and echoes of 2011

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So, that was an election, Ontario. I’m sure we’ll be full of hot takes, followed by the ritual lamentations about vote-splitting, and there will be a bunch of sanctimonious claptrap about “strategic voting,” but in the meantime, I am reminded of 2011. Why? Because with a Progressive Conservative government and an NDP official opposition, we may find that for the next little while, we’ll see a number of those MPPs talking about how great it is that there’s some real choice in visions in Ontario, and isn’t it great that those mushy-middle Liberals are out of the picture? And while we got a bunch of that in 2011, we also quickly found that the NDP MPs that did get elected in their big wave were not all up to par, and they went on an aggressive lockdown orchestrated by the leader’s office (or interim leader, as the case quickly proved to be). And it was that lack of real competence that ensured that the Liberals still in the chamber quickly became the grown-ups in the room. Question Period didn’t really start until then-interim leader Bob Rae stood up, and he ran circles around both the opposition and the government, frankly. And I suspect that it had something to do with how the Liberals were able to rebuild as quickly as they did – because people quickly started to clamour for a centrist vision that they could rally around. But it also didn’t happen without a lot of hard work, and a leader who emphasised the importance of that. We’ll have to see where the Liberals in Ontario land. As of the time I’m writing this, there is enough fluctuation still that we’re not sure if they will keep official party status at eight seats, and with Kathleen Wynne’s resignation as party leader, that leaves it open to see how these Liberals will get their acts together to provide that centrist voice (which was somewhat lacking under Wynne – who did win her own seat, incidentally). And in the meantime, here’s some advice from Jean Charest about rebuilding a devastated party.

Meanwhile, in hot takes, Justin Ling looks at the hard time that Doug Ford will have when it comes to trying to dismantle the cap-and-trade system in the province as well as fight the federal carbon price backstop, while Chris Selley notes that this is a bit of a blank slate because we have no coherent vision of what the party’s vision really is after their unrealistic platform. John Ivison asserts that this is the dawn of a new era of combative federalism, with Ford voting against everything coming from Ottawa. Paul Wells looks at the immediate problems for both Ford and Justin Trudeau coming out of last night’s election.

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Roundup: Ouellet’s magnanimity

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The complete illogic of how the Bloc Québécois’ leadership woes continue to unfold continues to amaze. Over the weekend, the party executive emerged from a meeting to affirm their support for Marine Ouellet, but they extended the magnanimous gesture to not tear up the Bloc memberships of those seven MPs who walked out. This, of course, should surprise no one because badly our system has become corrupted by membership-driven leadership contests is that those same members who elected that leader will also help to install his or her friends into the party executive, which centralizes power for that leader. Witness Patrick Brown having Rick Dykstra installed as PC party president, or Justin Trudeau and his friend Anna Gainey. This is why the kind of rot in the PC party in Ontario happens – because the checks and balances within the party have eroded as it transforms itself into a cult of the leader. One a further note about Ouellet, Martin Patriquin notes that as Bloc fortunes continue to wane, she becomes a perfect scapegoat for the party’s demise.

As for Patrick Brown, the news of the weekend was how the party started making plans to deal with revelations of his dating history as it came out, particularly vengeful ex-girlfriends and staffers, which should have been alarm bells right then and there. But this is what happens when you try to deal with the leader that a membership-driven process delivers and who has a “democratic mandate,” whereas if caucus chose from among its ranks, they would know the kinds of open secrets about a candidate and could be steered away from choosing a leader with such skeletons on display, and furthermore, could easily deal with a leader whose vices and other personal problems came to light with swift action. This is yet another reason why caucus selection matters, if we can get past the populist impulses of the current system.

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Roundup: Blame Dawson or the system?

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As the Bill Morneau imbroglio starts to fade behind the outrage du jour, being the Paradise Papers, Andrew Coyne decided to take another crack at the issue, this time taking a swing at Conflict of Interest and Ethics Commissioner Mary Dawson and her handling – or mishandling – of the whole affair from the beginning. The problem of course is that Coyne’s piece relies heavily on commentary from local civically illiterate crank and guaranteed quote machine Duff Conacher, for whom everything is evil and wrong, and why he hasn’t yet been labelled a vexatious litigant by the courts is beyond me. Regardless, it cannot be denied that yes, Dawson herself is a problem, but not the only problem.

A few days ago, Andrew Potter wrote a piece in the Globe and Mail about the whole sordid history of why we have the Commissioner position in the first place, and why it has always been a problem. And he’s right in pointing out that the point of this position has been politicized from the beginning, but as with so many of our watchdog or “Independent Officer of Parliament” positions these days, they exist as much to deflect problems onto as they do to act as the instrument by which the opposition can use as both a cudgel to launch their attacks, and a shield to hide behind if there is any counter-fire.

And to that end, we can’t simply blame Dawson herself – as much as she is and always has been part of the problem. Much of that lies on MPs themselves, who created the regime, wrote rules that don’t include ethics guidelines, and when presented with the litany of problems with the legislation, shrug and make minor tweaks without addressing the big stuff. And it happens constantly, so when imagined scandals happen, they can scream and rail that just following the rules isn’t good enough, but that the alleged transgressor must have known better and should have exceeded them. Never mind that it’s a nonsense frame to put around issues, but these are also the same rules that those MPs put into place. Saying that the rules they created for themselves aren’t good enough is galling, and one has to constantly ask why they didn’t create rules that were good enough in the first place if they knew that there were problems – and yes, they did know, because Dawson herself identified them. It’s childish politics, and just manages to make a farce out of their feigned outrage (not surprisingly).

Meanwhile, Conacher managed to get a whole piece out of the Star by complaining that the government is wrong in saying there aren’t enough qualified candidates for the Ethics and Lobbying Commissioner positions because he applied for the Lobbying Commissioner position and hasn’t been chosen. Err, that may be a reflection on you, Duff, and this exercise in your ego may be part of the reason why you’re not chosen.

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Roundup: The Speaker’s clock

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The CBC has a video segment released today talking to Commons Speaker Geoff Regan about the countdown clock in the Commons when it comes to things like Question Period, and how he enforces the 35-second rule for questions and answers.

While it’s a nice video explanation, and demonstrates that Regan will allow a few seconds’ grace when necessary, it does go to demonstrate part of what isn’t functioning with the way we’re doing things like Question Period – or even regular debate, for that matter. By enforcing strict clocks, we’ve incentivised a culture of filling that space rather than it being an upper limit. Even in QP, where it’s a simple yes-of-no question, the temptation to fill all 35 seconds with canned talking points usually wins out (though the three-word yes-or-no Mr. Speaker replies do occasionally happen and make my day). Also, the 35 second clock encourages ministers to read replies in order to ensure that they stay within the limit rather than going over – and that tends to lead to a greater reliance on talking points than substantive answers.

As I’ve written about several times, I think this video is a demonstration as to why we need to loosen the clock. I’ve also witnessed in Senate QP where there is no defined clock, where you can get far more substantive questions and answers (though the Senate Speaker does need to reign them in a bit – some senators will speechify during a question, and sometimes the visiting minister will ramble). But loosening the clock and empowering the Speaker to better manage that time – along with a ban on scripts – will go a long way to improving the flow of debate in the Commons, rather than the farce that we have today.

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Roundup: Don’t take conventions to court

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A group of East Coast lawyers has decided to launch a court challenge about the possibility that the government might appoint a new Supreme Court justice that is not from Atlantic Canada, and my head is already hitting the desk because while you can conceivably argue that the regional composition of the court may very well be a constitutional convention, by that very same argument, a constitutional convention is non-justiciable, so you can’t actually take it to court.

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So, to recap, until an appointment is actually made, the whole quixotic venture is premature. Constitutional conventions are politically enforceable but not legally, in part because we don’t actually want people to constantly take the government to court when they lose at politics (which already happens too much – and it’s almost as bad as writing to the Queen when you lose at politics). There was a court case not too long ago when Democracy Watch took the government to court because Stephen Harper went to the Governor General to call an early election despite the (useless) fixed-election date legislation having been enacted, and the courts dismissed it because prerogative powers are constitutional conventions (and while unwritten, are nevertheless still part of our constitutional framework).

And don’t get me wrong – I do think there is a very good case that the regional composition is a constitutional convention because it reflects the federalist principle that is necessary to give its decisions the political legitimacy necessary to be the arbiter of jurisdictional disputes in this country, and that is a pretty big consideration. But the courts are probably not the best place to solve this issue. Having the Atlantic premiers write the Justice Minister to warn her about breaching the convention is probably a better course of action, as would having backbench Liberal MPs from the region expressing their displeasure (though, for all we know, they may already be doing so behind closed doors in the caucus room). And a public campaign that lays out this argument (as opposed to just one centred around it being unfair or about maligning the political correctness of trying to find a new justice that better reflects certain diversity characteristics) wouldn’t hurt either. But this group of lawyers should know better than to try and make a non-justiciable issue justiciable.

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Roundup: Mister Speaker is a meanie

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While astute readers will know that I have my issues with the way that Speaker Regan is attempting to crack down on heckling in the Commons, one thing I will not countenance is the kind of whinging that the opposition – and in particular the Conservatives – are engaged in as a result. Yes, the Speaker does call them out more, because *gasp* they heckle more! Science! But what gets the Conservatives most are the ways in which Regan will sometimes editorialise in his interventions, whether it’s his admonition to keep the Chamber from sounding like a 1950 boys’ club, or in reminding two front-bench Conservatives that Question Period is not the Muppet Show. It is a different tone from the Speaker than we’ve seen in the last several parliaments, and Regan is adopting a more forceful tone when it comes to trying to put an end to heckling. I may disagree with how he’s doing it, and in particular his sanctimonious tone, but his naming actual MPs who are heckling is part of the process of trying to turn the tables so that they are being held to account for their behaviour. It’s a legitimate tactic, but to complain that he’s picking on the Conservatives is a bit rich. Yes, the Liberals were boisterous when they were in opposition, and nobody is saying that’s a bad thing, but even when in government, the Conservatives tended to be boorish hecklers, and their behaviour in opposition is not much improved. If they had instructive cross-talk or clever retorts, then yeah, it might not be so bad, but most of the time, it’s not clever. I will also add that this is part of the problem with the issue of heckling in the Commons – everyone agrees that it’s a problem, everyone insists that they don’t do it, even when they do, and it’s always someone else who’s worse and needs to be dealt with instead of them, because they’re always the victim in this. None of it is true, but MPs like to tell themselves that it is. It’s also a problem in that making the Speaker crack down on it is more about trying to treat symptoms than it is the actual cause of why they’re doing it in the first place, but that would mean more broad changes to the rules and the way that things run, and there seems to be even more resistance to that. Until MPs can have a grown-up conversation about the issue of heckling, we’re likely to get more whinging on all sides of the issue rather than actual progress.

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QP: Demands for free votes on Energy East

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Monday, and old habits are starting to rear their heads — neither Trudeau nor Mulcair were present, Trudeau in meetings, and Mulcair in La Loche, Saskatchewan. Rona Ambrose led off, mini-lectern on desk, and read a question about jobs in the resource sector, demanding support for their opposition day motion on Energy East. Jim Carr noted that they needed to establish a credible process if they wanted to get resources to market. Ambrose decried Trudeau killing off Northern Gateway with the tanker ban on the west coast, to which Carr reminded her of the lack of trust in the regulatory process under the previous government. Ambrose tried again to get support for the motion, but got another reply about the environmental assessment process. Maxime Bernier was up next, decrying deficits, to which Bill Morneau reminded him that the debt-to-GDP ratio was still going down. Bernier cried that only businessmen create investment, not governments, and then demanded confirmation that the Conservatives left a budget surplus. Morneau insisted that the fiscal update released at the end of last year showing a deficit was accurate. Leading off for the NDP was Marjolaine Boutin-Sweet, who raised one of the interviews from last night’s CBC special, and demanded help for the manufacturing sector. Navdeep Bains rose up, and said that an innovation agenda for the sector was on the way. Boutin-Sweet demanded a plan yesterday, to which Bains insisted that they have it. Irene Mathyssen took over to read the same again in English, and got the same answer.

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