Tag Archives: The Senate

Roundup: Annual amnesia and Estimates abrogation

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The House of Commons has risen for the summer, with four priority bills having made it to the Senate – including the budget implementation bill – but the rest of their “priority” bills languishing on the Order Paper. And the main party leaders spent the day sniping at one another in their respective press conferences, not necessarily telling the whole truth of the situation along the way, because that’s the way this particular game gets played.

It’s also that magical time of year when Hill reporters realise that the Senate exists and doesn’t operate in the same way that the House of Commons does, and we go through the ritual song and dance of worrying that bills won’t get passed before the Senate rises for the summer, and some usual tough talk by certain senators that they won’t be pushed around and they won’t fast track bills, until they do. We go through this every June, and every June, they push through these bills to ensure that they get royal assent before they leave for the summer. And no, the Senate’s calendar is not as fixed as that as the House of Commons, and yes, they do frequently sit later in order to get these bills passed. There is also the annual ritual of the government leader insisting that they really shouldn’t amend these bills because that would mean recalling the House of Commons, and that costs x-number of dollars per day and that’s apparently a bad thing for democracy (no, I don’t get the logic either), and with the constant speculation of an election, we’ll get additional concerns that they really can’t amend these bills because of that fact, and after some requisite chest-thumping, most senators will back down and pass the bills unamended. Yes, this happens every year, and it might behove these Hill reporters to remember this every year.

There is, of course, a more alarming aspect of what has transpired in this particular year, which is that several House of Commons committees didn’t do any scrutiny of the Estimates for the departments they are responsible for overseeing, and this is absolutely bloody alarming. This is the whole gods damned point of Parliament, and because they were wrapped up in their procedural warfare, that fundamental job didn’t get done. (And because of rules written in the sixties, Estimates that aren’t signed off on are deemed adopted, which is another outrage that they have not corrected). This should never have been the state of affairs – and I will note that some of those committee chairs offered additional sittings to ensure this scrutiny happened, but the MPs on those committees didn’t agree to it, which is an absolute outrage. That is your number one job as an MP, ahead of all other considerations, and you blew it because you were too busy grandstanding and/or protecting ministers who should have fallen on their swords, and we have further undermined our parliament as a result. Slow clap, MPs – stellar job.

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Roundup: The Ombudsman demands independence

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The military ombudsman put out a position paper yesterday that called for his office to be made fully independent, and he criticized the minister’s office and the Department of National Defence for trying to interfere in investigations and ignoring recommendations for change. In particular, he cited that turning a blind eye to his office’s recommendations advances political interest or has to do with self-preservation or career advancements within the defence community.

Readers may know that I have issues with the demands for yet more officers of parliament. The proliferation of these officers has become acute in the last decade, and while there is a need for an independent ombudsman for the military, I also have not been blind to some of the previous holders of that office, and some were very much unsuited for an office that has no accountability. I’m not sure what kind of a structure the ombudsman’s office should need to be, but again, making him unaccountable and completely insulated opens the role up to the kinds of abuses of authority we’re seeing with the last officer of parliament that was created (being the Parliamentary Budget Officer, who has become completely unmoored from his legislative mandate). Anyone who doesn’t share this concern obviously isn’t paying attention (and I can guarantee you that the media is not paying attention, because they like it when these unaccountable officers try to turn themselves into media darlings, as the PBO is doing right now).

When asked about this, Justin Trudeau said that he would put it to Justice Louise Arbour as part of her comprehensive review, so that the ombudsman’s office can be part of the solution to reforming the military, but I fear that she may recommend the officer of parliament route. Part of the problem right now is that the minister isn’t responsive, but I think the solution needs to be that the minister needs to go rather than the ombudsman needing additional powers. Would that we actually hold ministers accountable for their failures, but this government doesn’t seem to be too keen on that.

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Roundup: C-10 keeps stumbling

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If there is any bill in recent history that is an object lesson in fucking around and finding out, it’s bill C-10, on amending the Broadcasting Act. Indeed, after the government, with Bloc support, moved time allocation while the bill was in committee, the five hours allotted to finish clause-by-clause consideration was apparently not enough, as it seems yet more MPs on the committee wanted to waste time fighting about things this bill doesn’t actually do. And lo, amendments that were passed after the five hours were up were deemed null and void by the Speaker, so once again, MPs found out.

This doesn’t mean that those amendments are necessarily gone for good – they can certainly be moved at report stage, where the bill is currently, though that may require extending the time allocation that was imposed on the current stage in order to be able to move and vote on said motions – and that leaves yet more opportunity for dilatory actions such as slow-voting and another point-of-order-palooza around remote voting. Barring that, the government can move them in the Senate, though that will be very uncomfortable as it will probably mean having to recall the Commons in a couple of weeks to pass the amended bill, which will be a gong show all around. Or, with any luck, it will be stuck on the Order Paper over the summer, and possibly smothered if the election call that the pundit class is so hell-bent on getting happens. Nevertheless – there is plenty of blame to go around for this state of affairs, not the least of which belongs to the minister for his singular failure to offer coherent communications around this bill at every opportunity, and most especially at committee.

I would add, however, that I have no patience for this notion that the bill saw “no real debate,” as certain individuals are claiming. It got more debate than most budget implementation bills – more than any bill I can remember in recent memory. Granted, we have no guarantee of the quality of debate, and considering that this bill has been the subject of a campaign of conspiracy theories (Internet Czar, anyone?), straw men, red herrings, and outright lies, while substantive and existential problems with the bill have largely gone unremarked upon, I can see a critique that the months of debate were short on substance. That said, I’m not sure how even more debate would have helped, other than to prolong the agony.

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Roundup: Atwin crosses to the Liberals

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There was a somewhat shocking turn of events yesterday as Green MP Jenica Atwin suddenly crossed the floor to the Liberals, after weeks of turmoil within the party over the policies around Israel. When Atwin made comments about Israel being an apartheid state, one of leader Annamie Paul’s advisors threatened her position, and she decided it was time to go. Remember also that the NDP have a Thing about floor-crossing, and wouldn’t have accepted her, leaving her with just the Liberals as a potential home rather than staying an Independent – no doubt increasing her chances at re-election. She insisted that all of her previous comments and votes stood, no matter that she was now a Liberal, so perhaps she will remain among the more “maverick” MPs in the caucus who don’t all toe the line in the same way.

https://twitter.com/DavidWCochrane/status/1403096836383166465

Of course, with any floor-crossing, we get the same tired chorus of voices demanding that anyone who does cross must immediately resign and run in a by-election, which is nonsense in the broader context of how our system works. We elect MPs – we don’t elect parties, even if that’s your calculation when you go into the voting booth. Why this distinction matters is because we empower MPs to act on our behalf, regardless of the party banner, and then we get to judge them for their performance in the next general election. Sometimes MPs will need to make decisions to cross the floor for a variety of reasons, but usually because it’s intolerable in their current situation, and they make the move. We empower them to do so because our electoral system gives them agency as an individual – they’re not a name off of a list because the party got x-percentage of a vote.

This absolutely matters, and we need to enshrine their ability to exercise their ultimate autonomy if we want our system to have any meaning. Otherwise we might as well just fill the seats with battle droids who cast their votes according to the leader’s wishes, and read pre-written speeches into the record that the leaders’ office provided. The trained seal effect is bad enough – we don’t need to erode any last vestiges of autonomy to please the self-righteous impulses of a few pundits who think that this kind of move is heretical or a betrayal, or worse, to appeal to the desire by certain parties (in particular the NDP) to have their power structure so centralized that they see their MPs as a mere extension of their brand rather than as individuals. Parliament means something – the ability of MPs to make ultimate decisions needs to be respected in that context.

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Roundup: Trying to politicize NSICOP

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The fight for documents related to the National Microbiology Lab firings from 2019 has been intensifying in the House of Commons, both in the Conservatives working on a privilege fight over access to unredacted documents, but also in the way they have been treating the National Security and Intelligence Committee of Parliamentarians (NSICOP). While not perfect, NSICOP is at least some level of oversight of the national security apparatuses of this country by parliamentarians (though not an actual parliamentary committee), which is more than existed previously. They have tried to dismiss it as somehow partisan, which it’s not – all parties are represented on the committee (though the Bloc seat is currently vacant), and say that the prime minister’s office controls it (as it’s an executive body and not a parliamentary one). But they have the power to have their members resign in protest if they felt that the PMO was bigfooting them, and they haven’t, which means that these objections are about politics – particularly as they are building a bunch of bullshit conspiracy theories around the two firings in order to score cheap points.

As a reminder, the Conservatives were dismantling some of the national security oversight, neutering the Inspector General at CSIS and making poor appointments to the only other real civilian oversight of national security agencies in the country. This is at least a point in Trudeau’s favour – he overhauled and strengthened the various oversight mechanisms of all of these bodies, including the creation of NSICOP, which does valuable work.

With that in mind, here is Stephanie Carvin with some thoughts on this fight, and check out this thread from Philippe Lagassé for more thoughts as to how NSICOP is currently structured and how it compares internationally.

https://twitter.com/StephanieCarvin/status/1400446108376174594

https://twitter.com/StephanieCarvin/status/1400446110653689856

https://twitter.com/StephanieCarvin/status/1400446112931225601

https://twitter.com/StephanieCarvin/status/1400446115099680773

https://twitter.com/StephanieCarvin/status/1400479339528003594

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Roundup: An errant tweet begets irresponsible reporting

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As I reserve the right to grouse about bad journalism, I’m going to call out a particularly egregious CBC article that appeared over the weekend about a deleted tweet about a judicial appointment, and the way in which the story was framed, being that said potential judge was a donor to the justice minister’s nomination campaign and later to the riding association. The fact that a tweet was made and quickly deleted because the appointment process was not completed is bad form, and embarrassing for the minister’s office, but it need not be a sign that there is anything improper going on if you look at the facts in their totality. But that’s not what happened. Instead, the article omitted any context about how the appointment process is made, framed it like the minister is appointing his donors out of patronage, and got quotes from the Ethics Commissioner to “prove” that the conflict of interest rules are too lax.

The minister does not get to appoint anyone he wants on his rolodex. I mean on paper he has that ability, and constitutionally it’s his responsibility, but in practice it’s not how it works. The judicial appointments process – and I have written extensively about this – starts with lawyers applying to Judicial Appointments Committees in provinces, who then vet them and those which are deemed “Recommended” and “Highly Recommended” are forwarded to the minister’s office. At that point, there is a political vetting process because the government is politically accountable for these appointments if they go bad, but this particular process has been routinely mischaracterised both by media and the opposition – so much so that they have dragged in others on this point. In this case, it is likely that the candidate in question had passed the JAC and was forwarded to the minister’s office as either Recommended or Highly Recommended, and it was in the process of the political vetting when the errant tweet was made, but by deliberately omitting the role of the JACs in these appointments, the CBC article deliberately created a false impression for the sake of building their narrative.

It’s a problem when the media refuses to report this particular situation properly, with context of how appointments work, because they are more interested in a narrative that there is either rampant patronage, or that any lawyer who wants to be a judge should never donate to any party ever for fear of somehow tainting themselves. Political donations are part of how our system works, and it’s not a sign that someone is either a rampant partisan, or that they are trying to buy a judgeship – as the CBC seems to be alleging – especially given the donation limits in this country. Whether that is because there is an element of American political envy here, where we want to feel like we have the same problem of money in politics like they do (seriously, we do not), or whether there is a particular streak of misplaced moralism, in either case the reporting is tainted, and it’s completely irresponsible.

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Roundup: Getting called out by your deputy minister

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This government’s problems with cleaning up the culture of sexual misconduct in the military continues to roll along, and the calls are definitely coming from inside the house. In the latest installment, the deputy minister of National Defence has taken to the radio waves to point out that the government didn’t make an effort to push the military on implementing the Deschamps Report, who wound up treating it like a kind of checklist that they could do the bare minimum with rather than actually implementing the systemic changes that it called for. This shouldn’t be a surprise, given everything we know, but the fact that the deputy minister is saying this is damning.

We also got another harrowing tale of harassment, and retribution when the civilian employee who was subjected to it complained. This isn’t a surprise given the culture, and as the piece points out, one of the reasons she was targeted is because she upset the status quo – which is part of why the military made a conscious effort not to really implement the Deschamps Report, because it called for systemic changes, and that is a definite upset of the status quo. That the government didn’t really recognize this or push back against it is an indictment.

Which brings me back to the key point – that the government, and in particular the minister, needs to wear this. The deputy minister called him out. That’s not good. And part of the problem is also that Sajjan was part of that culture, which is may explain why he was either blind to the problems, or was fine with not actually bothered that they weren’t upsetting the status quo. It’s one of the reasons why actual civilian control of the military is so important, and we haven’t had that under Sajjan. Regardless, this is his problem to wear, and he needs to take actual ministerial responsibility, and offer his resignation. There is no other option.

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Roundup: From ombudsman to officer?

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The current military ombudsman is trying to pitch the notion that the government doesn’t need to create a new independent body to investigate complaints about sexual misconduct – rather, he is pitching that his office can do it, if only parliament would loosen his shackles and let him report to them directly rather than to the reporting to the minister of defence. I am dubious, and a little alarmed.

For starters, I am not certain that he is actually the best-placed person to field those complaints, rather than a centre that specializes in it, that is properly trauma-informed and so on. There is a reason why the Deschamps Report called for an independent body to do this kind of work, and I’m not sure that the military ombudsman is independent enough (especially as many of those who fill the role have military backgrounds, and are just as likely to be inured to the highly sexualized culture in the Forces that is part of what needs to be changed). It also detracts from other work that the ombudsman should be doing around other aspects of military life than just this particular aspect of it.

The bigger part I am reticent about, however, is because the very last thing we need is yet another unaccountable Officer of Parliament, as we already have far too many, and some of them are problems. Look no further than the Parliamentary Budget Officer, who is turning himself into a media darling and who is going far beyond his legislative mandate, but because he is accountable to no one – and because he is being encouraged to keep going beyond his mandate by the media – he is really pushing the boundaries of what is acceptable. As for a military ombudsman, you don’t have to go too far in history to see others who held the role who were also becoming problematic – one of whom was also becoming a media darling, and who got increasingly erratic as time went on (especially once he was no longer in the job). It’s not the kind of person who should be in a role that has no accountability, and if it’s happened once, it’s likely to happen again, particularly in the current environment. I’m not unconvinced that the current reporting mechanism of the ombudsman’s office isn’t a problem, but there needs to be another solution than creating another Officer of Parliament.

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Roundup: Refusing to enforce quarantine orders

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There were a couple of notes around the border and quarantines yesterday that I thought bear some additional note, particularly in light of the rhetoric we’re hearing. The first is that it looks like as many of a third of air travellers are able to avoid hotel quarantine and the Public Health Agency of Canada won’t provide a breakdown of figures as to why. There is a fairly obvious answer to this, which is that as part of the hotel quarantine programme, the government also allowed for a metre-long list of exemptions that are applicable to these travellers, because remember that there is ostensibly very little non-essential travel happening right now – I heard a figure that travel volumes are about five percent of what they were pre-COVID. Given how many of these hotel quarantine exemptions have to do with certain essential travel reasons, it should not be a surprise that as many as a third of these travellers are able to bypass that system. The fact that there are as many exemptions as there are should be up for debate, however, because it does undermine the whole point of quarantine, but it’s hard to have that discussion when every time you turn around, someone else is demanding another exemption – and it really doesn’t help when the party in the Commons howling that the border is too lax is at the very same time trying to get an exemption for returning snowbirds.

And then there is the question of enforcing the Quarantine Act, and we find that Alberta hasn’t signed onto the Contraventions Act, which makes it easy for their police to do the enforcement, and to issue fines for those who break it. (Saskatchewan also hasn’t signed onto the Act, but there are no airports currently open to international travel in that province). And this is completely baffling, because you would think that the provincial government would want to empower their peace officers to do the enforcement work if they are so concerned about variants coming in over the borders that they would want to ensure that they are actually enforcing quarantine orders in the province, but apparently not. This makes it all the more difficult to swallow Jason Kenney’s insistence that the federal government hasn’t done enough about the border – they have clamped down as much as they are really able to under the constitution, and they have empowered the provinces to enforce quarantines, but oh, Alberta refuses to take responsibility for doing so, while they complain.

I will also note that the fact that Ontario has signed onto the Contraventions Act means that their own complaints about quarantines and lax borders are all the more hollow. They have all the tools they need to enforce the orders, and they are also largely refusing and blaming the federal government. And worse, nobody is holding them to account for their failures to exercise their own powers in their own areas of jurisdiction to do so – especially not the media. This is a problem, but hey, keep writing stories about “finger-pointing.” That’ll help.

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Roundup: Accusing your opponents of encouraging mass deaths

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My patience for the current round of blame-shifting in the handling of this pandemic has pretty much reached its breaking point, and Alberta’s justice minister has crossed a line. Recall that a week ago, NDP MP Heather McPherson accused the prime minister of rather watching Alberta burn than help Jason Kenney – a statement that borders on psychotic and ignores the billions of dollars in federal aid that has been extended that Kenney has either sat on or declined. Of course, McPherson, like her leader Jagmeet Singh, seems to think that the federal government should be invoking the Emergencies Act and swooping in to take over the province, which is nothing more than a recipe for a constitutional crisis the likes we have never seen in this country. (Can you imagine the reaction in the province if Trudeau did this?)

Well, yesterday Alberta’s justice minister declared that the provincial NDP opposition, the federal government, and the media, were all cheering on a COVID disaster in the province, which is absolutely boggling. To think that your opponents literally wish death upon Albertans is some brain worm-level thinking, and yet here we are – and no, the minister would not apologise, citing that his opponents were trying to exploit the pandemic for political purposes. This is nothing short of insane, and yet this kind of thinking is clearly rearing its head as the provincial government flails, under attack by all sides, and frankly, reaping the unhinged anger that it has been sowing for years and thinking they were too clever to get caught by.

But in the midst of this, there was a column in Maclean’s yesterday which declared that it was “partisans” that were the cause of this blame-shifting, and then proceeded to pathologically both-sides the issues until my head very nearly exploded. It’s not “partisans” – it’s political actors who are to blame, and trying to pin this solely on people who vote for them is ridiculous. I will say that a chunk of the blame does rest on media, for whom they downplay actual questions of jurisdiction as “squabbling” and “finger-pointing,” thus allowing premiers in particular to get away with the blame-shifting and hand-waving away their responsibilities, and it’s allowed this obsessive fantasy about invoking the Emergencies Act to keep playing itself out – especially because most of these media outlets have been cheerleading such a declaration (so that they can fulfil the goal of comparing this to Trudeau’s father invoking the War Measures Act during the October Crisis). If media did a better job of actually holding the premiers to account rather than encouraging their narratives that everything can be pinned on the federal government (for whom they have some of their own issues they should be better held to account for), there may have been actual pressure on some of them to shape up long before now, and yet that doesn’t happen. Absolutely nobody has covered themselves in glory here, and it’s just making this intolerable situation all that much worse.

https://twitter.com/robert_hiltz/status/1391949740896657410

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