Tag Archives: The Senate

Roundup: Petty, unhelpful suggestions

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The fact that Mike Duffy’s expenses have reignited an old and frankly tiring debate on whether Senators should be able to claim for their legitimate work expenses, or whether it’s this particular shameless senator whose expenses, however legitimate, are forever tainted. We can look and see competing editorials from the likes of Robyn Urback, who is justifiably dubious about the whole thing given the history and cloud that remains around Duffy’s primary residence, and Kady O’Malley, who notes that Duffy’s current expense claims are entirely legit so we should stop begrudging them (while not forgiving past transgressions either). But of all the commentary that I’ve seen in the past week, the least helpful comes from within the Senate itself.

When asked about the whole Duffy ordeal, the Conservative Senate leader, Claude Carignan mused about how the Senate’s rules may still need to be updated, which I’m not quite sure how much more stringent they need to be at this point considering how much they’ve come in the past two years (and for years before that), and it sounds a lot like he’s trying to play along with the attempts at cheap public outrage over the whole thing, while simultaneously ignoring the fact that Duffy’s residency issue remains a problem from the manner in which Stephen Harper appointed him, and a Harper loyalist, Carignan is almost certainly loathe to criticise that decision. But it got worse. Carignan then basically dumped the problem into the lap of Senator Peter Harder, the “government representative” as though he were somehow able to do something about it. As Carignan, a former Government Leader himself should know, it’s not up to the Government Leader to shepherd rules changes considering that Senate Rules are the domain of the appropriately named Senate Rules committee, and that expenses are the domain of the Internal Economy Committee, and last I checked, Harder is not a member of either committee, nor does he have a caucus that has senators who sit on those committees. In other words, he has no senators that he can use to exert any kind of influence over in order to make those changes. With these facts in mind, I’m not sure why Carignan would suggest that rules changes need to be spearheaded by Harder except that it’s more petty politicking, trying to undermine his (already shaky) legitimacy, while looking to absolve himself of any responsibility event though Carignan controls the largest caucus in the Chamber. If we need to have a discussion about how the residency rules need to continue to evolve, then great, let’s do that. But to try and play this particular game about it is really beneath Carignan’s position and he should know better.

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Roundup: The wrong way to rein in the Senate

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Sometimes you read clueless columns, and sometimes the columns are so utterly clueless that you have to wonder how they ever got past an editor in the first place. The Globe and Mail featured one such yesterday morning from Campbell Clark, who asserted that it’s now Justin Trudeau’s fault that Mike Duffy is claiming expenses because cabinet ultimately has control over expenditures.

I. Can’t. Even.

The complete and rank civic illiteracy coming from a columnist in a national newspaper is galling, and looks a hell of a lot like he’s just making stuff up as he goes along. And no, I’m not chalking this up to a mid-August phoned-in column, because this isn’t the first time that he’s made this suggestion before, and it needs to stop. And it’s such an elementary part of civic literacy that Clark is apparently unable to grasp, which is that it’s the job of the legislature to hold the executive in check and not the other way around. In fact, it’s the job of the House of Commons to grant supply to the government for its operation and not the other way around. The Senate most especially exists to serve as a check on an executive that has a majority in the House of Commons. Neither the House of Commons nor the Senate are a government department – they don’t report to the Cabinet, nor does Cabinet control their expenditures because fundamentally they have institutional independence. Can you just imagine what would happen if Cabinet did control their purse strings? It would be nothing but a constant string of threats to cut of MPs’ or senators’ salaries or office budgets if they didn’t fall into line. That’s not how the system works, and Clark’s suggestion makes as much sense as giving cabinet the authority to go after judges’ salaries if they strike down that government’s laws. Add to that, Clark’s suggestion that the government should start clamping down on how much Senators can spend is so ludicrously boneheaded that it boggles the mind. You see, if MPs go after senators’ expenses, then senators will turn around and go after MPs’ expenses, and veto any budget until their independence is no longer being threatened. And why? For cheap optics? The Senate has a job to do, and democracy costs money. If Clark thinks that things work differently under our constitutional arrangement, then he is sadly mistaken, and he needs a remedial course in basic civics post haste because what he’s written is wholly and completely irresponsible. So no, it’s not Justin Trudeau’s government’s problem that Mike Duffy is claiming housing allowances, it’s Duffy’s problem (as we established yesterday). For anyone to claim otherwise doesn’t know or understand how our system operates.

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Roundup: The shameless Duff

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Senator Mike Duffy is back in the news again, once again claiming his housing allowance for his long-time residence in Ottawa, because of course he is. There are a couple of problems here, but the first one is the way in which the story is being reported.

“Hasn’t the Senate tightened its rules?” is usually the first plaintive wail that we hear, and yes, they did. They have put rules in place around what constitutes proof of a primary residence in the province that a senator represents, and those rules include things like driver’s licence, health card, CRA tax assessment – things that Duffy didn’t have when he was first appointed and yet started claiming his housing allowance for the residence he lived in for years already. Duffy has since acquired the necessary documentation to “prove” that his primary residence is PEI. It’s also problematic to start devising a formula for how many hours one has to spend in their primary and secondary residence because it is generally a qualitative and not a quantitative measure, complicated by the work that senators do, and in some cases, there are senators who can’t travel back to their primary residences because of health concerns and are essentially forced to spend more time in Ottawa than they would otherwise. They may yet assign some kind of hour or day measure, but my understanding is that there is not one at the moment.

The bigger problem here is not the rules or the Senate itself (and for the love of all the gods on Olympus, I wish that my journalistic colleagues would stop treating this issue as a problem of the institution than its actors), but rather that Duffy himself is completely and utterly without shame. If he had any shame or decency, he wouldn’t keep claiming for his Ottawa residence, because he would know that it’s what got the whole issue rolling in the first place. But no – he is entitled to his entitlements, and has taken the fact that he was not convicted of criminal fraud and breach of trust as validation rather than the fact that he was nevertheless condemned for his behaviour while recognizing that it didn’t quite meet the test of being criminal. And that’s why this is really a Mike Duffy problem and not a Senate problem. He never should have been appointed as a PEI senator, and yet here we are.

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Roundup: Shirtless panic

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Photos of our prime minister, shirtless and on vacation, continues to make people lose their minds. A week later, and it remains an item of discussion – or derision – and feeds this particular faux cynicism about media coverage, despite the fact that it clearly is not what is topping the headlines. The fact that other countries mention it triggers our inherent Canadian desire to go “Look! Other countries are talking about us!” and we report that, and suddenly it’s “all anyone can talk about” when clearly it’s not the case. And then come the lame attacks based on it, like the latest round of Conservative ads, where they accuse the media of focusing on Shirtless!Trudeau instead of the economy.

https://twitter.com/CPC_HQ/status/762742848445943808

https://twitter.com/CPC_HQ/status/762779942627053568

The problem with that narrative is that the economic news was clearly the headline for the days in which those numbers got released, but hey, so long as we can try and keep up this narrative that the PM is a selfie-obsessed pretty boy who’s too stupid to manage the economy, the more we think it’ll do something to bolster our own numbers (never mind that being effectively leaderless is not helping the poll numbers of either opposition party).

So with that in mind, here’s Jen Gerson telling everyone to relax about Shirtless!Trudeau because it’s August, we’re all on vacation anyway, and that this isn’t just about Trudeau but about the sea change in tone that has taken place in this country over the past year, and that people need to lighten up.

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Roundup: Send in the narcissistic clowns

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It happened on Thursday, but I’m still fuming about it. Power & Politics interviewed a couple of would-be Senate candidates based solely on what I’m guessing is the sheer power of their narcissism, and not once was the actual Senate itself brought up for discussion. It was pretty much inevitable that this would happen – the moment the government announced that they would allow their advisory committee to allow self-applicants into the process, you were guaranteed to find a bunch of people who felt that somehow they had the right stuff to be a senator, and lo and behold, these people have been making themselves known, like the one guy from PEI who is going around and door knocking to get people to sign a petition about how swell he would be as a senator, never mind that a) it’s not how this works, and b) if he’s so keen about knocking on doors, maybe he should seek a party nomination to run to be an MP. Just maybe. Or the woman in Nova Scotia who thinks that just because she’s championed a couple of petitions to twin highways that she has the right stuff to be in the Senate. Never mind that neither of them have any particular policy expertise that they want to bring to the job. Never mind that both of these clowns are way too young to even be contemplating a position that is generally seen as a way that allows people who have excelled in their fields to contribute to public service as their careers are winding down. They feel that because they’re honest and have integrity (and really, who doesn’t think that they do), that makes them good material for the Senate. Okay, then.

What burns me the most, however, is the way that the media treats the narcissistic clowns and uses this as some kind of human interest story rather than to demonstrate that the Senate is actually pretty serious business. Not once were these wannabes asked what they think the Senate actually does, and how exactly they plan to contribute to a chamber that is full of subject-matter experts. None of them were asked if they know how the legislative process works, though they seemed to think that they had ample time for on-the-job training (and to a certain extent yes, that may be the case, but generally you would have some kind of other expertise going into this rather than you think you’ve got a good character). And by treating the Senate seriously in that you’re not asking people who think they should populate it about the chamber itself, it betrays the fact that We The Media seem to have learned nothing about it despite all the stories about it over the past two or three years, from the ClusterDuff fiasco to the solid debates that were had over the assisted dying bill. And that’s really sad, because you would have hoped that we would have learned something about how interesting and vital a place it is in our democratic process, but no, we remain fixated on spending scandals (for whose coverage and pearl-clutching was hugely out or proportion to what had actually taken place for most senators), and not on the actual work of the chamber, and we are all poorer for it.

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Roundup: The lobbyist’s Senate speculation

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Courtesy of the Hill Times comes a hot mess of an article that speculates that the new independent Senate is going to have a much more active policy role upfront in the future, which…I’m not so sure about. The thesis of this former MP-turned-lobbyist is that the Trudeau gang knows exactly what they got into with their Senate reform plan (err, I’m really, really dubious about that based on what I’ve seen to date), and the loss of top-down Senate management means that Senators need to be brought into the legislative process from the conceptual stage rather than in their current role as revising and amending. Okay, so while his point that no government can take the Senate for granted anymore is true to a certain extent, most governments have paid a price when they did and found that the Senate wasn’t willing to put up with it. And it’s this particular passage that really makes my skin crawl:

Mr. Jordan said that with new dynamics in the Red Chamber, Senators could prove to be a useful ally of opposition parties and lobbyists, especially in majority governments when governing parties can pass any legislation they wish in the House of Commons. So, if an opposition party or a lobby group wants to stop the government from doing anything, their best bet would be to reach out to Senators.

“You could now go to the Senate and rally support,” Mr. Jordan said. “Make your case.”

It feels a little too much like Jordan, a lobbyist himself, is licking his chops at the prospect. It also undermines the role of the Senate as a kind of constitutional safeguard, who has the power of unlimited veto and of institutional independence to say no to a prime minister with a majority when there is no other option to stop an unconstitutional bill, not to become a partisan competition with the Commons. In fact, the Supreme Court reference stated explicitly that it was not the role of the Senate to be that competitor, and yet this is what Jordan both envisions and says that Trudeau must have known when he started making his push for a more independent upper chamber. (Again, I have my doubts). Turning the Senate into the tool of the opposition and lobbyist allies is antithetical to its nature and its purpose, and for him to start putting this kind of nonsense out there is not helpful, whether as a point of speculation or as a meditation on where senate reform is headed. And if anything, it proves that Trudeau didn’t know what can of worms he opened when he kicked his senators out of caucus, but here we are.

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Roundup: Patterns on the witness list

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The electoral reform committee returns next week, and so far I see a lot of proponents of proportional representation on the witness list, not that this surprises me in any way, as well as an academic proponent of a referendum on electoral reform – also not a surprise. So look forward to plenty of glowing recommendations about how electoral reform will solve all of our political ills.

In the meantime, if you’re looking for some background reading the Library of Parliament has some updated publications in store – one on the history and evolution of our electoral laws, and another that provides an overview of our current electoral system and those employed elsewhere. That one I found particularly lacking, especially in the language it used to describe the current First-Past-the-Post system, adopting wholesale the arguments about “disproportionate” seat counts (logical fallacy), the supposed advantages of “regional parties” or “regional strongholds” with no discussion of brokerage parties, and buying into the arguments about voter turnout without being critical about them (this is a broad problem across all western democracies no matter the electoral system). The rest was an overview of other electoral systems, examples of their use in other countries, the history of electoral reform initiatives in Canada, and some adjacent issues like mandatory voting, online voting (with zero mention about the concerns of the secrecy of the ballot), and lowering the voting age.

What was missing from this tepid report was any discussion on the impact of these electoral systems, such as government formation or accountability, which boggles my mind. It’s literally taking a piece of a complex ecosystem and treating it in isolation with no regard for how it will affect all other aspects of it, which is a huge part of the electoral reform discussion. What kind of government you get after you vote in that system is kind of a big deal. And even bigger deal is how you get rid of that government in a subsequent election, which is not easy to do in most systems other than FPTP because the tendency is for a big central party to just shuffle around their coalition partners, and that can be an even bigger headache, delivering policies that only a tiny fraction of the population voted for. You’d think this would be relevant to an examination of electoral reform proposals, but apparently not according to the analysts at the Library. You’ll excuse me if my faith in this government’s process has just sunk even lower.

(Hat tip to blog reader PierreB for pointing these reports out)

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Roundup: Segal’s misplaced demand

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Oh, Hugh Segal. While I can understand your concern for your former colleagues, and that there were problems around due process for the trio of formerly suspended senators, I have to say that your demand for a formal apology from the Senate to Mike Duffy, Pamela Wallin and Patrick Brazeau seems a bit…off-base. The three were suspended in large part because of the ill repute that they brought to the Senate, and just because the Crown abandoned charges against two of them in the wake of Duffy’s acquittal, nobody is saying that none of them did anything wrong. A finding that Duffy’s actions were not criminal is far from finding that there was no wrong that had been done – the Senate’s own rules were broken, even in Donald Bayne managed to convince a judge that the rules were vague. Segal is also off-base when he says that the Senate should have spent their energies fixing those rules instead of throwing people under the bus – in fact, the Senate has been working on updating their rules for years, even before the Duffy expenses were brought to light, and that trial hastened the reform process that had already been underway. Saying that they are owed back pay and again forgets that they brought disrepute onto the institution, and were punished for it within the rules of the Senate. Yes, as stated, there were problems with the due process of it, but rules were broken. Expenses were claimed when they should not have been. Calendars were altered, meetings were claimed that did not happen. Official addresses were made where senators did not live. These facts are not really in dispute, and the Senate had an obligation to do something about it, if not for any other reason than to be shown to be addressing the problems that were addressed rather than letting them slide and opening themselves up to even more criticism about letting people get away with it just because they’re senators. Was it embarrassing for everyone involved? Yes. Is it “torture” to still demand that Duffy repay expenses that were proven to have broken the rules? Hardly. Is it the Senate’s fault that the RMCP and the Crown didn’t do a thorough enough job? Not really. In light of all of this, I find Segal’s insistence on apologies to be hard to swallow.

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Roundup: Unger vs Black

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Further to Senator Black’s resignation from the Conservative caucus, we have a couple of reactions – first, an interview with Black by Jen Gerson, in which Black expresses his excitement for the “uncharted territory” of greater independence in the Senate. Second, a somewhat bitter response from fellow “elected” Alberta Senator Betty Unger, who repeats some of Senator Plett’s accusations about Black’s attendance, and goes on to assert that senators should be in a caucus to give them some kind of accountability. Oh, and then there’s Kady O’Malley, who notes the “disappointment” of Senator Tannas in his response to Black’s decision, in which she reminds them in her own Pollyana-ish way that yes, they can still work together even if they’re no longer in caucus together.

Among the responses are some particular problems with the conceptions of how a caucus can and should operate, and part of that stems from the fairly unique situation of how the Senate was being run under the Harper government. Unger is correct in that being part of the national caucus brings more perspectives and allows more participation (which is one of the reasons why Trudeau’s decision to banish senators from his caucus was short-sighted), but her conception of caucus providing “checks and balances” to senators is a bit mystifying, particularly considering that there is little that a caucus could do to actually control a senator given that they have institutional independence under our constitution. Sure, they can threaten them with being removed from a committee or from participating in travel, but that’s the extent of it, and if a senator feels a particular conviction on an issue, then that’s a risk they can and have taken before.

As for Black, being part of a caucus in the Senate doesn’t mean that he is forced to toe any particular party line, whether they achieve consensus on a position or not. Granted, since he has been in the Senate, it was operating in a more tightly controlled environment because the Conservatives had largely trained their new senators to believe that this was the norm, that they could be whipped, along with some cajoling about how they needed to go along with things under the rubric of “you want to support the prime minister, don’t you?” And that would usually cow them into line, never mind that there are no actual levers of power for a government to assert in the Senate. Black and Unger both have always been in the Senate where they were told that there was this expectation, and now that they are in opposition and the party is in a leadership convention, they are suddenly finding themselves without that same comfortable feeling of obligation to the person who appointed them (never mind their “elected” status – it certainly didn’t mean anything for their “elected” predecessor Bert Brown, who insisted that senators had to dance with the one who brought them). Black obviously decided that he felt freer in this environment and wanted to push it further. That’s his prerogative; Unger feels the need for structure, and that’s legitimate, so long as she knows that she has that institutional independence and that there is no such thing as caucus control for a senator (and I’m not sure that she does, given her Senate “upbringing”).

But honestly – between the fetishisation of “independence” and the wrong-headed notion of “checks and balances” that don’t actually exist, neither are really on the side of the angels on this one.

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Roundup: Not really elected, not really a betrayal

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Alberta Conservative Senator Doug Black announced yesterday that he was going to sit as an independent, and a bunch of tongues started wagging because Black is one of the “elected” (and I do use the term loosely) Senators. A number of people also said a bunch of boneheaded things about the move, and we’ll get to that in a minute, but first, a refresher on the “election.”

For those of you who were unaware, Alberta has run a series of nonsense “consultative elections” for “senators in waiting” a few times, and it’s a process that has been problematic on a number of levels, not to mention the fact that the whole thing is unconstitutional. I mean if you want to elect Senators, then there’s a process, which is the general amending formula of the constitution, meaning seven provinces that represent 50 percent of the population. That didn’t happen, however Stephen Harper appointed from this list. Among the quirks of these “consultative elections” is that the candidates were largely running on the tickets of provincial parties – you know, ones that don’t exist on the federal level, not to mention the fact that the provincial Liberals boycotted an unconstitutional process, and the NDP refused because they want to abolish the Senate altogether. So this last time around you Senators running under the provincial Progressive Conservatives and the Wildrose Party, both of whom were pledged to sit as federal Conservatives, never mind that the two parties are different and don’t actually stand for the same things. And did we mention that this is an unconstitutional process? Because it is – you can’t do through the back door what you can’t through the front, never mind that Harper and the Alberta government at the time figured you could.

So what does this have to do with his decision to leave caucus? Well, people like Senator Don Plett are angry, calling this a “betrayal,” while his fellow “elected” Senator Scott Tanas was passive aggressive in his “disappointment” with the move. Plett went so far as to start saying that this was Black’s way of avoiding the whip as he apparently has a terrible attendance record (note: this could be verified, if one actually wanted, and I’m not sure that I care enough to go digging), and moaning that these “votes” have been “deprived of a Conservative representative.” And this is all very much like the floor-crossing debate, which is ridiculous. MPs are elected on an individual basis – our first-past-the-post system gives them enormous agency because they are elected as an individual, even if they are running on a party ticket. They are not there because their party won votes and they are apportioned the seat off of a list (which empowers the party, not the MP). For a senator, however, they are appointed with a great deal of institutional independence, because that is what their job requires of them if they are to be able to push back against a majority government when required, or speak truth to power without fearing for their jobs. And no, Black was not “elected” – he was appointed, despite it being on the basis of a sham “consultative” process. So guess what – with that institutional independence, he can choose whether he wants to sit in a caucus or not. It’s why a Prime Minister should be very careful in the vetting process before they appoint someone (and no, an election is not necessarily a good vetting process, particularly given the way that the Alberta process was run, and gosh, it’s not like bad apples have ever been elected before). So really, the fact that he claims to be “elected” is of little consequence with this move, other than as a kind of “fun fact.” If he wants to sit as an independent, then more power to him.

Meanwhile, Senator Patrick Brazeau’s suspension is now over and he’s back to work, vowing to “clean up” the Senate – which gives one flashbacks of an acquitted OJ Simpson vowing to catch his wife’s killer. And no, Brazeau’s legal troubles aren’t over.

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