Tag Archives: The Senate

Roundup: Earnest Scott Simms

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As is becoming a daily occurrence, we have yet another voice weighing in on the Standing Orders debate, and this time, it’s the mover of the motion that’s causing so much Sturm und Drang in the House of Commons (and the Procedure and House Affairs committee) right now – Scott Simms. Simms, I believe quite earnestly, insists that we need to give reform a chance, and he lists all of the wonderful things he hopes to happen out of Bardish Chagger’s discussion paper, and I believe he’s earnest because he has recently co-edited a book on parliamentary reform with noted notoriously wrong-headed would-be reformers Michael Chong and Kennedy Stewart.

Of course, nothing in these proposals will fix what ails parliament, and will only create more problems than it solves. We’ve established this time and again, and I’ve written a book to this effect, but the problems are not structural. MPs, however, don’t necessarily see that because they’re trapped in a sick and dysfunctional parliamentary culture and looking around for fixes, they see some levers that look easy to pull, never mind that those levers will make things worse. Digging into the underlying cultural problems are harder to see and do, and that’s why MPs have been assiduously avoiding them, but we shouldn’t let them get away with it. Granted, it would be far more helpful if more members of the media could see that fact as well and not get lured by the shiny reform ideas that keep getting floated around, followed by the drama of the outrage, which is all too easy to get sucked into. Because who doesn’t love drama?

So with all due respect to Simms, no, the time for being open-minded about these reform ideas has passed. We’ve lurched from one bad reform idea to another for the past half century (century if you want to count the granddaddy of all disastrous reforms, which the Liberals promulgated in 1919 when they changed the leadership selection process) and things haven’t gotten any better. It’s time to take that hard look at where things are situated, and means slapping MPs’ hands away from those shiny, easy-looking levers. It’s time to have a meaningful re-engagement with the system, and nothing in these discussion paper ideas does that. In fact, it does the opposite.

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Senate QP: With apologies to the minister

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After delays from a number of votes in the Commons, Senate QP finally got underway, with special guest star Kent Hehr, minister of veterans affairs. Senator Larry Smith, the new Conservative leader, led off for his first time. Instead of asking the minister, however, he turned his questions to the Government Leader — err, “representative,” Senator Harder, for his remarks to CBC last week about “two classes of senators.” Harder assured him that it was not his intent to insinuate that all senators were not equal. He did not apologize, and Smith pressed the issue, and Harder talked about collaboration across the chamber but there was a different appointment process, and then gave a half-hearted apology for those who were offended by his words. Senator Plett got up to carry on the jabs at Harder, who kept insisting that he was trying to work collaboratively.

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Roundup: Staffers defend Canadian presidentialism

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Andrew Coyne’s column on reverting to a system of caucus selection of party leaders got a lot of pushback over the Twitter Machine on Saturday, and curiously, those most in favour of retaining our current bastardized system of membership-selection were those who currently or formerly worked in the PMO (as well as a couple of current leadership candidates who don’t currently have seats in the House of Commons, which isn’t surprising seeing as they’d be excluded from such an exercise and well, they have egos to stroke given their current leadership ambitions).

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And this presidentialization creep is what really gets under my skin, because it’s those who benefit from unearned power – the people in the PMO (less kids in short pants these days than they were under the previous government) who are the most ardent defenders of the system, and using this faux democratic mandate of the 150,000 “supporters” of the party as justification. What none of them bring up is the fact that the PM is unaccountable to those members in any real sense, and certainly unaccountable to the caucus he leads, and that’s a very big problem. And no, a system like that proposed in Democratizing the Constitution of membership selection/caucus removal would never work in practice because unless the method of selection matches the method of removal, there is a legitimacy problem, not to mention this is what happened with both Greg Selinger in Manitoba and Jeremy Corbyn in the UK, and look at where both of them are today. It’s not pretty, and it’s bad for our Westminster system. Caucus selection is really the system we need to revert to if we want accountable leaders and empowered MPs who aren’t being cowed by centralized leaders and their staffers, and we won’t get that now, especially if those staffers are all over the Twitter Machine trying to defend their turf.

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Roundup: MPs shouldn’t become social convenors

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Sometimes when former politicians opine on their former profession, it can be insightful, and sometimes inspiring, but sometimes it can be gobsmackingly terrible. Former Ontario MPP and cabinet minister John Milloy ventures into the latter category with a piece in Policy Options on the “future of work” when it comes to parliamentarians. After Milloy correctly asserts that most parliamentarians don’t know their own job descriptions and that leaves them vulnerable to the machinations of unelected political staff, he veers off about how nobody trusts politicians anyway so their actual roles are becoming obsolete and hey, government is too slow to deal with policy in the modern world, so let’s turn our parliamentarians into social convenors.

No, seriously.

Apparently, the real drivers of change and action are service clubs, community groups and church organizations, so what parliamentarians should be doing is trying to bring those groups together to do stuff because they’re not community leaders anymore, so hey, they can be referees or coaches instead!

Head. Desk.

One would think that someone who used to be in elected politics like Milloy was would understand that the whole point of grassroots riding associations is to gather those kinds of voices around policy concerns, where they could help develop those into concrete proposals to bring to the party, or to communicate their concerns to the caucus (whether or not theirs is the elected MP in the riding). A properly run riding association has the hallmarks of service clubs or community groups because they provide both the social aspect around shared values, and work toward the care and feeding of political parties from the ground-up, the way that they’re supposed to. This is the kind of thing that we need to be encouraging if we want a properly functioning political system in this country. Instead, Milloy would see us let that atrophy and let outsiders shout from the side lines while the political staffers continue to consolidate power in the leaders’ offices. No, that’s not how politics are supposed to work. We can’t keep washing out hands of this and dismissing political organizations. Joining parties and getting involved is the way to make change happen, and as for MPs, we can’t just let this trend of self-made obsolesce go unchallenged. The “future of work” shouldn’t be irrelevance – it should be re-engaging with the system and actually doing their jobs. And shame on Milloy for abandoning his former profession to the wolves.

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Roundup: Sticking to vapid promises

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Because I’m not ready to let go of this topic of the Liberals plans around the Standing Orders, Maclean’s had an interview with deputy House Leader Kevin Lamoureux about why the government is so keen on trying to make these changes. Lamoureux has two answers – that the rules should be modernized (with no explanation as to why), and that they made an election promise to do so. Oh, and some too-cute-by-half insistence that even if they changed Question Period that Trudeau would show up more than once a week, despite the fact that he promised in that same election that he wanted to be out on the road more than just being stuck in Ottawa. So yeah, that seems to indicate that he’s looking for an excuse to only be there one day a week.

As with electoral reform, the Liberals came out early on with this facile talking point about the need to “modernize.” There’s no justification as to why or no explanation as to what’s not working (just the rather pedestrian observation that it’s not – draw your own conclusion) and then doing some jazz hands and saying “modernize!”

And like with electoral reform, promising “modernization” without saying why, is kind of a stupid promise, and you know how I feel about stupid promises – they should be owned up to as being stupid before they are broken. In this case, I’m not sure if it was just the vapid need to promise to modernize everything, or if they think there’s a real issue that they want to solve – regardless of what it is, it’s obvious that anything they’ve proposed to date won’t actually solve the problems that they have because the problem is cultural in this place, and the way to solve it isn’t by changing the rules that they’re proposing to. Either way, they need to say “Stupid promise. Real life proved to be different than we imagined it was,” and abandon these plans in favour of maybe, just maybe, tackling the deeper cultural issues that are the real cause of dysfunction in our Parliament.

Meanwhile, I was on AM 770 in Calgary yesterday to talk about my Maclean’s op-ed on the fact that we don’t need to modernize the House of Commons, which you can listen to here.

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Roundup: What to do about Beyak?

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The CBC caught up with Senator Lynn Beyak yesterday, and she essentially doubled down on her insistence that she’s said nothing wrong about residential schools, and then compounded the whole thing by insisting that she’s been “suffering with” these residential school survivors because she lives in the area with them and she once went on double dates with an Aboriginal fellow. The mind boggles.

So with this having been said, and Beyak insisting that she’s not going anywhere, people are starting to wonder what’s next (as they demand her resignation, if not from the Senate then at least the Aboriginal Peoples committee). Let’s deconstruct this a little first, shall we?

To start off with, as a member of the committee, Beyak is not really making decisions around Indigenous policy in this country, as some people are suggesting. The government – meaning Cabinet – still makes that policy, and the Senate and in particular the committee does their due diligence in holding them to account. They’re not actually making policy themselves. Add to that, Beyak is one vote out of fifteen (remember that committees in this current session are now oversized because that was how to add in new independent members without a prorogation to reset committee selection), so her vote is even more diluted than it would be in a regular parliamentary session. And given that her views are off-side with her own party’s, it’s not like she’s really going to be the swing-vote in any case. So let’s calm down about that. While the committee chair has suggested that Beyak step aside, it’s not really her call as to whether Beyak is a member or not – that’s up to caucus leadership (or in the case of the Independent Senators’ Group, they volunteered for committee assignments), and there’s nothing the Chair can do about it. But if the Conservative Senate leadership is aware that Beyak being on that committee is a problem, they can probably arrange to have her rotated off of it (if not right away, then certainly when the committees reset at the next prorogation).

Some people has suggested that Beyak be kicked out of Conservative caucus, but I’m less certain that that’s a good idea. For one, her being in caucus allows the Conservative leadership to maintain some level of control over her, and if she’s forced out, where is she going to go? The ISG, where she can look at Senator Murray Sinclair every organizing meeting?

As for the comparisons between Beyak and Senator Don Meredith – because people have been making them – it’s a specious comparison that needs to stop. He’s broken ethics rules (and possibly the law), whereas Beyak’s crime is wilful ignorance. That’s not actually illegal or against the ethics code, and no, you can’t expel her for it. What they can do, however, is maybe consider a policy of phasing her out – making it as unrewarding as possible for her to be there that she eventually leaves. It’s an inexact science, particularly for someone as clueless as Beyak, and this whole episode should serve as one more reminder as to why it’s important to take some care in choosing who to appoint, because they’ll be there for a long time with little recourse for removal (and Stephen Harper quite obviously was not taking care).

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Roundup: Expulsion isn’t rocket science

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All day, we’ve been told that Senate clerks are “scouring the constitution” to find a “loophole” that will allow them to expel Senator Don Meredith, and even when they get former law clerks on television who’ve said clearly that yes, the Senate can do this, they still try to go “a ha, but they never did with…” name a scandalous former Senator, and in those cases, they resigned before the Senate had a chance to expel them. Suffice to say, a whole lot of reporters are being deliberately obtuse in order to create a false sense of drama around this.

The simple fact of the matter is that Parliament is self-governing, and it has the powers it needs to expel members if need be. Those are parliamentary privileges, and they have been exercised in the past in the Commons, as James Bowden’s research has shown, and those privileges would indeed extend to the Senate. It’s not sexy or rocket science, but people need to calm down and let the process work itself out.

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Adam Dodek says that the Senate needs to move quickly on dealing with Meredith if they hope to regain the public trust. And that may be the case, but we also don’t want to be too hasty, given the ham-fisted and poor manner in which the suspensions of Duffy, Wallin and Brazeau were handled, and the truth of the matter is that the Senate is on March break. The ethics committee is coming back a week early to deal with the matter, so they are moving quickly but they can’t simply act rashly and in the heat of the moment, which I think will be the danger in order to keep from invoking the ire of an impatient public, egged on by a media demanding that the story move ahead quickly before people lose interest.

Meanwhile we’re also seeing a lot of second-guessing about the role that Meredith played within the Independent Senators Group, and how he was described as having a “leadership position” within it. Indeed, Meredith was elected to one of four “coordinating positions” within the nascent quasi-caucus, in its early days after the first round of independent appointments when the group was still getting on its feet and Meredith had more legislative experience than most of the members of the group. That being said, he had very little actual standing within the group and was certainly not viewed as any kind of actual leader by anyone I’ve spoken to. I have sympathy for their position that he was innocent until proven guilty and that it took the Senate Ethics Officer two years to reach her conclusions, but on the other hand, we could still see this train on the tracks. It’s too bad the ISG didn’t insulate themselves a little better from this, but in all, I don’t think the damage looks as bad from out here.

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Roundup: Recall legislation nonsense

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Over at Loonie Politics, fellow columnist Jonathan Scott wonders if recall legislation might not be a good thing for ethical violations, and cites the examples of Senators Don Meredith, Lynn Beyak, and a York Region school trustee who used a racial slur against a Black parent. While I’m suspicious about recall legislation to begin with, two of the examples are completely inappropriate, while the third was an example of someone who resigned a few days later, making the need for such legislation unnecessary in the first place.

Recall legislation for senators is a bit boggling, first of all, because they weren’t elected to the position, and they have institutional independence so that they can speak truth to power and have the ability to stop a government with a majority precisely so that they can hit the brakes on runaway populism if need be. Recall legislation would be fed by that similar populist sentiment, which is a problem. I’m also baffled, frankly, how anyone could conceivably consider Meredith and Beyak in the same sentence. Meredith abused his position to sexually lure a minor, while Beyak said some stupid and odious things under the rubric of religious sentiment (i.e. at least some residential school survivors stayed Christians, so that apparently justifies everything). The two are not comparable, nor is Beyak’s example any kind of an ethical violation, nor am I convinced that it’s an offence worthy of resignation because at least there’s the possibility that she can learn more about why what she said was so wrong-headed. Sure, people are upset with it, while others are performing outrage over social media because that’s what we do these days, but trying to channel that sentiment into recall legislation raises all kinds of alarm bells because even if you had a fairly high bar or findings from an ethics officer to trigger these kinds of recall elections (and the suggested 2500 signatures of constituents is too low of an added bar), temporary performed outrage demanding action this instant would be constantly triggering these kinds of fights. If you think there are too many distractions in politics to the issues of the day, this would make it all the worse.

As for Meredith, while he is too shameless to resign of his own accord, the rest of the Senate is not likely to let this issue slide for too long. The only question is really how effectively they can implement a system of due process by which Meredith can plead his case before them and respect the rules of natural justice before they hold a vote to vacate his seat based on the findings of the Senate Ethics Officer. Demanding recall legislation after a story is only a couple of days old is the height of foolishness. The Senate doesn’t sit for another two weeks, which is time that frankly they’ll need to get their ducks in a row so that they don’t come back half-cocked and try and ham-fist the process like they did with Duffy/Wallin/Brazeau back in the day. Meredith will get his due, and we won’t need the threat of ridiculous legislation to try and keep politicians in line.

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Roundup: A different debate

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This weekend we finally saw our first NDP leadership debate, which was actually more watchable than pretty much any Conservative debate we’ve had so far, so that’s something. Having only four candidates on stage instead of fourteen makes a difference, as does having everyone already in caucus rather than coming in from the outside, and no one so far seems to be running against their own caucus, so that’s also something. As with any NDP debate, however, it was less “debate” and more statements by which they could vehemently agree with and then say “I agree, and let me take that further and say…”

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The only real cleavage that there was over the course of the event was over the role of the resource economy and if there could be a case made for pipelines, and a couple of the candidates were more strident than others. Otherwise, there was a lot of the usual key words and phrases that signal their audience, like the “neoliberal agenda,” the growing one percent (err, except they’re not growing in Canada, and have in fact been shrinking), “unfair trade deals,” and renegotiating NAFTA. If one wasn’t careful, it could be mistaken for a Trump rally.

The format and fewer candidates did allow for a number of non-policy related questions, but some of them were a bit…suspicious, if I can use the word, like they were designed to ensure that they were reinforcing in-group credentials vouching. Maybe it’s just me, but it felt a bit creepy in places.

Meanwhile, I would encourage you to read the very trenchant observations from John Geddes, who nailed pretty much what each of the four candidates are running on out of the gate.

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Roundup: Determining next steps with Meredith

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The Senator Meredith situation heated up fairly predictably yesterday, with the calls from all sides that he do the honourable thing and resign. While he quite quickly stepped away from the Independent Senators Group, he it wasn’t until much later in the day that he said that wasn’t going to resign. This of course, shouldn’t surprise anyone, given how utterly shameless he has been about this whole matter since it first appeared in the news.

While I understand the position of the ISG that they included him in their ranks because they considered him innocent until proven guilty (and you can see the full interview with Senator McCoy here), I would have to say that the Senate knew that this train was coming down the tracks, and I have to wonder why they haven’t really been preparing for this eventuality, which I haven’t seen, unless of course either the Senate Ethics Committee or the Senate Rules Committee have been quietly having discussions that I’m not privy to. Regardless, instead of people like Senator Peter Harder calling media to the Foyer to perform some outrage and sending public letters in the hopes of somehow shaming the shameless, they should be coming up with a plan and a process to do something about side-lining and eventually removing him. The key, however, is that this is going to need to be better than the haphazard and somewhat abusive process that was used with senators Duffy, Wallin and Brazeau with their own suspensions at the height of that bout of madness. The lack of due process there stuck in the craws of many senators and was largely the work of Conservative senators using their majority to bully through a means of trying to avoid Stephen Harper any further embarrassment. If they now want to see Meredith removed from his post and his seat declared vacant, they have to be utterly meticulous about this. Suspension will no doubt be the first step upon their return, and they are best advised to at least give him some kind of opportunity to at least speak to his defence before they suspend him and move onto next steps. Declaring his seat vacant would be unprecedented without a criminal conviction, but not impossible, if they do it right. That, however, is the real trick, and one that that will be difficult to manage, and even more so if senators are simply going about this as performative outrage where they need to be seen to do justice to appease a hungry press rather than ensuring that the laws of natural justice are upheld in the process.

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