Tag Archives: The Senate

Roundup: Dealing with problematic senators

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While the focus one on one senator’s words regarding residential schools yesterday, a bombshell dropped late in the day with the Senate Ethics Officer’s report into allegations that Senator Don Meredith had an inappropriate sexual relationship with a 16-year-old girl, and that will no doubt fill the airwaves tomorrow. But while everyone is baying for blood, let me offer a few bits of context.

First, with Senator Beyak and her remarkably clueless statements about residential schools, no, the government cannot ask for her resignation as the NDP are demanding they do. The Senate has institutional independence in order to act as a check on government, so they are powerless. As for the demands that the Conservatives kick her out of caucus, that might do more harm than good because at least within a caucus, she can be managed and hopefully do less harm, and perhaps guided into some education on the subject rather than simply cutting her loose and empowering her to keep making this an issue. And while I think her statement is odious, I also don’t think she meant malice by it, but rather that she is utterly clueless by virtue of framing the issue entirely through her Christianity, and that’s a world view that she’s entitled to hold, no matter what we may think of it. (And seriously, don’t make her a martyr for her religious beliefs). So while I get that there are a lot of people who want to perform outrage and demand her head, I think everyone needs to calm down a little and think through what they’re demanding.

As for Meredith, the report now goes to the Senate ethics committee, but given that the Senate isn’t sitting for the next two weeks, we’ll have to be patient. There are already demands that he be removed, but without a criminal conviction, that’s very difficult to do, and the police opted not to charge him for this (possibly because the complainant stopped cooperating with the police, but I’m not 100 percent sure on that fact, so take it with a grain of salt). With the Ethics Officer’s report, however, one could hope that the police could reopen their investigation. That said, removing a sitting senator without a criminal conviction is almost impossible. There is the possibility that the Senate could vote unanimously to declare his seat vacant, but it’ll be a high bar for other senators to reach that point, because they’re going to want to ensure that he gets due process (which Senators Duffy, Wallin and Brazeau were not necessarily given at the time of their expulsion). But one can be sure that the Senate will want to take their time and deliberate on this one, so while it’s possible that we’ll see a suspension motion when they return, it could be a while before they decide on how to deal with him on a longer-term or permanent basis.

And barring that, maybe the Senate needs to consider a policy of phasing out certain senators…

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Senate QP: Freeland digresses

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Senate ministerial Question Period this week hosted special guest star Chrystia Freeland, the foreign affairs minister, and there would be no shortage of questions for her to field. Senator Carignan led off, asking about international treaty obligations with regard to the question of legalizing marijuana. Freeland first gave effusive thanks to the chamber for their invitation and their work on CETA before turning to the question at hand, saying that they were considering it in consultation with partners, given that several US States have legalized marijuana, and some countries like Uruguay were also considering the issue.

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Roundup: The phantom lobbying menace

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You can already hear the grumblings over social media over the headline: “As senators become more independent, meetings with lobbyists hoping to take advantage tripled in 2016.” And immediately most people go “Ooh, lobbyists are bad, so this sounds like a terrible thing.” It’s not actually true, but it’s something we’re probably going to have to unpack a little better rather than cause some mass panic (once again) about how the newly “empowered” Senate is going to be the death knell for democracy in this country, or some other such nonsense.

For starters, not all lobbying is bad. With strict rules in this country around reporting and gifts, this isn’t like the free-for-all that we’ve seen in places like Washington, where lobbyists were meeting with Congressmen in the steam room of the Capitol Hill gym, or taking them on private plane rides and giving them holidays, or showing up on the floor of the House to watch them cast votes, all while funnelling money into their re-election campaigns. While I believe they tightened some of those rules down south, we simply don’t have that kind of lobbying culture here in Canada, so get that out of your minds first of all. Secondly, Senators in Canada don’t have re-election campaigns to finance, so the influence that lobbyists can try to gain with financial incentives of one variety or another are also non-existent here, so once again, don’t try to map an Americanism onto the process here. Third, lobbying is not all corporate influence. A lot of lobbyists represent charities or non-profits, so best to keep that in mind when you see the numbers grouped together.

Meanwhile, as for what they hope to achieve, well, remember that despite the newfound “independence” of the Senate, its powers are still fairly limited. Those hoping to use this newfound power to amend more bills or delay others will find that when it comes to any amendments, they would still need to be accepted by the House of Commons, and there has been very little acceptance so far of most amendments sent back by the Senate unless it’s a glaring error. And as for delays, if it’s a government bill there are tools like time allocation and closure to force them through the system. Just because Government Leader in the Senate – err, “government representative” – Senator Peter Harder hasn’t yet availed himself of those tools doesn’t mean he can’t or won’t. So really, your mileage with how effective lobbying efforts will be will certainly vary.

The uptick in lobbying is not unexpected now that the usual central channels for information flow have been disrupted. That’s to be expected, so this increase is hardly nefarious. I’m more concerned with cabinet ministers lobbying individual senators than I am actual lobbyists, to be honest, since those meetings are less open and transparent, and they have a lot more power to grant political favours. So really, let’s stay calm about this headline, but keep an eye on things nevertheless. Trudeau’s plans for a “more independent” Senate are certainly proving the rule around unintended consequences.

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Roundup: A commissioner’s overreach

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Forgive me for going super parliamentary wonk for a minute, but this Colby Cosh column in the National Post has me a bit inspired. The issue (and I suggest you read the piece first) is about how interim PC leader Ric McIver was fined by the province’s ethics commissioner for asking a question in QP that could be seen to relate to his wife’s business and basically asking the government for things that could benefit said business. It was later pointed out that only the Speaker can censure a member for things they’ve said, and McIver is launching a court challenge to that effect.

As an officer of parliament, can the commissioner punished an MLA when he’s protected by parliamentary privilege? I’m not actually sure that she can because typically such a commissioner’s ambit is the behaviour of a sitting member when it comes to things like accepting gifts, or ensuring that there are no conflicts of interests in dealings, but I have yet to hear a reasonable case why speech in the Chamber would be covered under that. After all, if he’s asking questions that relate to his wife’s business, then it should be the job of the government to point that out in their responses. This is why they have research departments, after all ­– to fight fire with fire when necessary. Having the premier point out that he seems to be asking for his wife’s benefit would likely embarrass him out of pressing the matter, no? No need for an independent officer of the assembly to step in there.

But I’m also bothered by the fact that this is going to a court challenge, because that’s straying awfully close to that line around interfering in the operations of the legislative branch of government, and parliaments are self-governing. That’s kind of the point – subjecting them to the courts would basically put the Queen back in charge of things, which is not what anyone is after. I’m not sure that a judge should be figuring out the rules of the assembly when it comes to the powers of the commissioner on their behalf. If there is a grey area around what the commissioner’s powers are, it should be up to the assembly – whom the office of the commissioner is a creature of – to make that determination. Anything less is unacceptable when it comes to the supremacy of parliament, which is kind of a big deal, especially when we’re seeing the Auditor General federally trying to over assert his own power in regards to the Senate. We don’t need a bad precedent being set in Alberta that would have terribly ricochet effects elsewhere in our confederation.

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Roundup: A reasonable plea for restitution

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Retired Senator Sharon Carstairs is looking to be reimbursed for some $80,000 in legal fees after being caught up in the Auditor General’s report on expenses, and it’s a tale that exposes how shabbily many senators were treated in the wake of that report. To recap, that AG report essentially made up a bunch of rules that did not exist, particularly around how many days a year constituted “primary residency,” which Carstairs got caught up in. And in a rush to show the public that they were taking this report seriously, the Senate turned over the report directly to the RCMP, and Carstairs was left trying to keep her reputation intact, hence retaining counsel and trying to explain that she hadn’t broken any rules.

What needs to be repeated again with this story is just how problematic that AG report was. When the Senate later retained its own counsel to go over that report to see if they should try to sue any of the senators who had refused to repay or seek arbitration for the identified sums (which included Carstairs), that legal review laid bare the arbitrary rules that the AG imposed as part of his review, and essentially how shoddily it was done. And I know several senators who simply opted to pay back the sum rather than keep fighting it because they wanted it to go away – Carstairs refused, and it looks like she’s going to be punished for it, whether financially with the loss (the maximum reimbursement for legal fees under Senate rules is generally $25,000), but also with the loss of reputation. I would hope that the Senate has had enough time since the audit that they can now revisit this case and offer the apology and what restitution they can, and admit that they were hasty in their actions because they were trying to appease a public that was baying for blood post-Duffy, for what good it did them. I would also hope that more of my media colleagues would also start calling out the AG for the problems in his report when cases like Carstairs’ come up again in the media, but I suspect that won’t happen, as we pay far too much deference to him as being untouchable and infallible, when clearly that’s not the case.

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Roundup: Nomination shenanigans?

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It looks like there are some shenanigans in Liberal nomination races for a couple of those upcoming by-elections, and as many a pundit has been saying today, Liberals gonna Liberal. And you can pretty much chalk this up to one more great big disappointment between the lofty Liberal rhetoric about valuing open nominations and then doing shady things like they have with the nominations in both Saint-Laurent and with Markham-Thornhill.

Part of what doesn’t make sense from an optics perspective is the sudden rush to call the last two by-elections for the two most recently vacated seats. In both Ottawa-Vanier and the two Calgary seats, there has been plenty of lead-time and nominations happened with nary a peep, but in the last two, the sudden rush has meant problems. With Markham-Thornhill, they retroactively cut off membership sales, which is presumed to help the “chosen” candidate, former PMO staffer Mary Ng. Ng’s campaign says they lost hundreds of registered members too, but again, this is about optics. Meanwhile in Saint-Laurent, a current Montreal borough mayor was declared not to have passed the green-light committee but they refuse to say why, which is seen as clearing the path for “star candidate” Yolande James (though there is still one other candidate, so it’s not an acclamation). But while they may have reasons for not greenlighting said borough mayor, the fact that they refuse to say why is again a nightmare for optics when this is supposed to be the party of openness, transparency and open and fair nominations.

Part of why this is such a disappointment is because we really need to push back from party leaders’ interference in nomination races if we want to restore the balance in our politics. That’s not to say that there shouldn’t be safety mechanisms in the event of hijacked nominations (because there absolutely should be), but those mechanisms shouldn’t be the leader’s office. A strong grassroots is essential in our system, and with every time that the leaders and their offices interfere (because they feel emboldened to thanks to the bastardized system of leadership selection that we’ve come to adopt and go full-bore on at every single opportunity), we choke off the most fecund part of our democracy. Shenanigans and the apparently hypocrisy of proclaiming open nominations while appearing to play favourites undermines the bottom-up practice of politics, and it’s something we as Canadians need to push back against in every party.

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Senate QP: Karina Gould brings the vague

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After the House of Commons voted down the NDP motion to condemn the government for abandoning their electoral reform promise, minister of democratic institutions Karina Gould headed down the hall to the Other Place to answer questions there. Senator Carignan led off, asking about her new mandate letter, and Gould answered in generalities. Carignan followed-up asking about her plans for reforming the Senate, and Gould mentioned the new appointment system put into her place by her predecessor, and that she was waiting to read the report of the Senate Modernisation committee and to work together.

Senator Frum asked about loopholes that allow foreign money to be used in elections by registered third parties, and Gould spoke circles around financing laws but didn’t give much in the way of an answer regarding a loophole. Frum pushed on the notion that there was a possibility of foreign funds getting into the system, and Gould said she would look into it but it wasn’t something she had really come across.

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Senate QP: Indigenous issues on the floor

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It was actually the second Senate ministerial QP of 2017, but I wound up missing last week’s for the McCallum/Dion farewell speeches. Alas. This week it was Carolyn Bennett’s turn to face the upper chamber and be held to account. Senator Beth Marshall started off, asking about only 12 percent of First Nations infrastructure funds being allocated. Bennett said that the regions can now approve up to $50 million without needing to get approval from the centre, but that 100 percent of the funding would be allocated and on its way out the door by the end of March. Marshall asked whether the projects would be posted on the department website so that there is some accountability, and Bennett indicated that it would be in a bit of a roundabout way, talking about the importance of water projects that would soon be announced.

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Roundup: The measure of a political promise

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There’s been a lot of hay made, ink spilled and electrons converted into pixels over the last 36 hours or so about the value of political promises, and how terrible it is when politicians break them. It makes people so cynical, and it’s no wonder that people hate politicians, and so on. We had Liberal MPs Nate Erskine-Smith and Adam Vaughan prostrating themselves about how sorry they are that the promise was broken, voter reform groups wailing about how terribly they’ve been betrayed, and columnists pontificated on broken promises (though do read Selley’s piece because he offers some great advice, not the least of which is telling PR advocates to tone down the crazy. Because seriously).

But in the midst of this, we had Conservative leadership candidates laying out a bunch of promises of what they would do if they a) won the leadership, and b) won the next general election, and some of those promises were hilariously terrible. For example, Maxime Bernier thinks it’s cool to freeze equalization payments so that the federal government can tell provinces how they should be managing their own fiscal houses, or Andrew Scheer saying that he would enshrine property rights by using a novel approach to amending the constitution through the back door, as though the Supreme Court of Canada would actually let that pass.

And while everyone was tearing their hair out over Trudeau’s “betrayal” and “lies,” what were these two other, equally implausible promises as Trudeau’s on electoral reform, met with? A few pundits tweeted “good luck with that” to Scheer. And that was about it. So forgive me while I try to calibrate my outrage meter on political promises here, as to which ones we should take seriously and which ones we know are bad or wholly improbable but can safely laugh off.

To be clear – I’m not looking to give Trudeau a free pass on this one, and I’ve written elsewhere that I think he needs to own up to the fact that it was a bad promise made when he was a third-place party who were blue-skying a number of things. And I think that it should give parties and candidates pause so as to caution them against being overly ambitious in what they promise (preferably, though, without draining all ambition out of politics). But come on. Let’s have a sense of proportion to what just happened here.

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Roundup: Losing crucial regional perspectives

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As the hollowing out of the Press Gallery continues, we lost a fairly unique voice yesterday, being Peter O’Neil, who was writing for the Vancouver Sun. While he is but yet one more journalist who has been let go in this period of bloodletting, his was a fairly unique position of being the only “regional” voice left in a major chain paper. Yes, we still have the Winnipeg Free Press and the Halifax Chronicle Herald sending journalists to the Hill rather than just buying wire copy (which they still do, mind you), but those independent papers, and that does make a difference.

Once upon a time, each local paper for the major chains sent someone to Ottawa to cover stories here from the local perspective rather than rely solely on national reporters to feed stories to them. It allowed for local concerns to be brought to MPs here, and for the MPs to better engage with their local papers from Ottawa – especially as they had someone who knew their home ridings here to keep them honest. That’s all gone now. And part of why this is a problem is that there has been a proven correlation between the loss of regional reporters in the Press Gallery and a decline voter turnout in those communities where they suffered that loss. (There are academic studies on this, but my GoogleFu is failing me on this one, but yes, this was a subject frequently discussed during my master’s programme). And now, with even fewer national reporters there to do the daily reporting plus trying to get any kind of perspective, we no longer have reporters doing the same kinds of accountability on MPs themselves rather than just of the government. Peter was the last of the regional voices from the big chains, and because Vancouver has a particular unique political culture of its own, that was an important perspective to have. In fact, it’s one of the reasons why he wound up writing the biography of former Senator Gerry St. Germain – because St. Germain knew that O’Neil knew West Coast politics, he could trust him enough to tell his story. That’s not an insignificant thing in a country with big regional differences like Canada has. And this becomes a growing problem as we lose more and more journalists and positions here in Ottawa, which we need to figure out how to reverse, one way or another, before things deteriorate to the point of no return.

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