Roundup: Holding companies and crying wolf

The fixation on Bill Morneau and his family wealth is becoming mind-numbing, with new conspiracy theories and allegations of conflicts of interest arriving daily. While the Conservatives made him the subject of their Supply Day motion, demanding he produce all documents he shared with the Ethics Commissioner while continuing to promulgate the absurd conspiracy theory that he was pushing through the private corporation tax changes for the benefit of his company, while the NDP crowed about more alleged “appearances” of conflicts with his tabling a pension reform bill that his family company could, in theory, benefit from. And the subject of whether or not he still controls shares in said family company went through the media cycle like a tornado, with confirmation from the Ethics Commissioner in committee testimony that she didn’t tell Morneau to place his shares into a blind trust – because, as it turns out, he doesn’t control them, having already offloaded them into a holding company that he doesn’t control (apparently his wife does), and none of this is subject to current rules under the Conflict of Interest Act. In response to it all, Morneau sent a letter to the Commissioner requesting a meeting to see if there’s anything else he can do to further comply with the rules that he’s already complying with per her advice.

Two things here – one is that the Commissioner has raised this exception to the Act in the past, and when the Act last came up for review in 2014, she flagged it then and it wasn’t acted upon. Guess who was in power then? The Conservatives, who also pushed through all of those changes to various accountability legislation in 2009, along with the NDP. The second point is that we have constantly been bombarded with constant baseless accusations about the “appearance” of a conflict of interest for everything under the sun. And with these various conspiracy theories being put forward, even Occam’s Razor will tell you that the idea that these changes being put forward, either to pensions or private corporation taxation, for the benefit of Morneau’s company are absurd on the face of it. Pension reforms have long been debated, and there are reams of data about the problems that these private corporations are being used for reasons they were not intended to be by wealthy individuals in order to avoid taxation. Trying to use Morneau as an excuse to make the government back off on either is absurd and shows just how debased our ability to debate is in this country if debate is being replaced by personal attack. Never mind the fact that there has been a whole lot of crying wolf. If everything is a conflict, then nothing is a conflict. Sooner or later a wolf will come, and nobody will care anymore, having been completely numbed by the constant cries beforehand.

(Incidentally, Dawson also called on the government to amend their fundraising bill to include parliamentary secretaries as those who must report, for what it’s worth).

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Roundup: No constraints, please

After Kady O’Malley suggested last week that the Senate adopt some kind of formal mechanisms to prevent the Senate from indefinitely delaying private members’ bills so that they die on the Order Paper, Senator Frances Lankin wrote this weekend that as much as she wants to see some of those bills get passed, she has no desire to adopt any mechanisms that would constrain debate in the Senate. And while I’m sympathetic to O’Malley’s point to an extent, I think Lankin has it right – and it’s good that she said something, because a lot of the newer senators look to her for guidance given that she is a senator who came into the job with previous legislative experience. The reasons why those bills can face delays are varied, but sometimes it’s legitimate that they do, and I think it would be a mistake to put in a mechanism that would essentially force those bills to be passed – especially as that would create an incentive for governments to start trying to pass difficult agenda items as PMBs (as the Conservatives tried to do on more than a few occasions when they were in power).

Meanwhile, Conservative MP Todd Doherty took to YouTube to bully senators into passing his private members’ bill. This is one of those kinds of stories that bothers me because nowhere in the piece does it mention who the sponsor of the bill in the Senate is, nor does it try to reach out to them to ask them about state of the bill and what efforts they are taking in order to see it passed, and that’s a detail that matters. If it is indeed waiting to come up for debate in committee, that’s not out of the ordinary considering that usually committees are bound to deal with government legislation before they deal with private members’ bills, and they’re the masters of their own destiny. Never mind that the bill itself is of dubious merit – these kinds of PMBs that demand “national strategies” for everything under the sun, no matter how worthy the cause, tend to be little more than feel-good bills that have little impact other than moral suasion, because they can’t oblige a government to spend money, and they figure that demanding a national strategy will push a government to take action. They don’t, but it’s all about optics, and Doherty is really pushing that optics angle.

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QP: Local businesses for local people

With Justin Trudeau off to the United Nations for the rest of the week, we weren’t expecting fireworks, but rather the continued caterwauling about the proposed tax changes, that are sure to doom the whole economy. Andrew Scheer led off, worried about what the tax changes would do to “local businesses,” coincidentally the very new campaign that his party has launched. Bill Morneau reminded him that the changes were about ensuring that the wealthiest Canadians couldn’t use these mechanisms to pay less tax. Scheer talked about two local craft brewers who were “middle class,” and Morneau quipped that he was sure that Scheer was happy to defend the wealthiest Canadians. Scheer wondered how many jobs these measures would create, but Morneau stuck with his points. Alain Rayes then picked up the line of questioning in French, and Morneau insisted, in French, that he was listening and would ensure that the system was fair. After another round of the same, Thomas Mulcair rose for the NDP, worried that th government was looking to do away with the “bilingual bonus” in the public service, to which Dominic LeBlanc assured him that they would ensure a bilingual public service. Mulcair pressed in French, and got much the same response. Mulcair moved onto the topic of Canadians being barred from entering the US post-marijuana legalisation, to which Ralph Goodale reminded him that we can’t dictate to the Americans who they let into their country. Mulcair then asked about cannabis edibles, and Goodale assured him that work was ongoing.

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Roundup: Brown’s creepy town hall

A story out of Brockville yesterday is a bit disconcerting, where local Conservative MP Gord Brown held a town hall in the community about the Omar Khadr settlement, saying that he wanted to get people’s views because everywhere he went, it was all people would ask about. He also claimed that it “wasn’t a partisan issue,” but I would be willing to bet actual money that the way in which Brown presented the case was through a deeply partisan lens, regurgitating the party’s disingenuous talking points and legal prevarications that distort the crux of the matter. And what disturbs me the most is that listening to the reactions in the write-up of the event, it starts sounding an awful lot like a Two Mintues Hate than anything, where people recited the completely wrong tropes about Khadr’s situation and situation as it regards the rule of law. It was at least heartening that a local lawyer turned up at the event, brandishing a copy of the Charter of Rights and Freedoms and laying down the law about why there was a settlement, and it’s quite the photo that ran with the piece – but I doubt that it would change very many minds, considering the distortions that are continually spread by the partisans (on all sides, to be completely fair, given that many a Liberal partisan conveniently forgets the roles that Jean Chrétien and Paul Martin played in this). Nevertheless, the fact remains that holding a town hall on this issue is deeply creepy.

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Roundup: A sudden demand for subsidies

Something that went largely unremarked yesterday was a somewhat bizarre press release that Andrew Scheer put out, bemoaning the lack of cellphone coverage in one region of Quebec, and then wondered why the government had all kind of money to spend on other things but not this, and then lumped it in with softwood lumber and Supply Management as a Quebec priority.

https://twitter.com/journo_dale/status/889841610665730048

While the fact that the Conservative leader was in essence demanding subsidized cellphone coverage in one particular region is strange in and of itself, it should be a reminder that this is no longer a party of actual fiscal conservatism – it’s a party of economic populism that just happens to chant about balanced budgets for the sake of it. To be certain, this is the first time I’ve seen cellphone coverage being listed as a top priority from Scheer or the Conservatives, and as many of my Twitter followers pointed out, there are plenty of places in this country with poor or non-existent coverage, especially along the TransCanada highway – somewhere one might expect that it might be some kind of national priority. But I’m also curious as to what exactly Scheer proposes to do about it that government deficits aren’t taking care of – language that seems to imply that they’re not simply going to demand that companies provide this coverage through regulatory means. Add to that, they were in power for almost a decade and did nothing about these kinds of coverage gaps, so it makes one wonder why it suddenly became a priority unless it just happens to be somewhere that Scheer is hoping to pick up some votes. Crass politicking? Perish the thought!

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Roundup: Challenging an unconstitutional law

The saga of Steven Fletcher in Manitoba continues to fascinate and enrage me. The now-former member of the province’s PC caucus, and one-time federal Conservative cabinet minister, has not only run up against a very problematic expulsion from caucus because he dared to have differing opinions (which I wrote about in my column), but now it appears that Fletcher is planning to challenge the province’s law that bans floor-crossing. Not that he wants to cross the floor, but the fact that the law is on the books.

In case it’s not clear, the very notion of a legislated ban on floor-crossing should be unconstitutional. Apparently, Manitoba’s not the only province to have this either – New Brunswick has a law on the books that requires floor-crossers to reimburse their former party for election expenses, which is also legally dubious. The history of these laws is also circumspect at best – in Manitoba, it was allegedly cashing in on the anger around David Emerson crossing the floor to become a federal Conservative cabinet minister in 2006, while in New Brunswick, it was the angry response to a husband-and-wife MLA couple crossed from the provincial Conservatives to the Liberals. The Manitoba case has the added factor that it was an NDP government at the time, and the NDP are particularly hostile to floor-crossers, which one suspects has to do with the fact that they are a party that is big on solidarity and being in constant lock-step, and they aren’t very tolerant of their members stepping out of line. They’re also much more wrapped up in their party identity, which is part of why these laws are such a problem.

The thing with our electoral system is that it gives individual agency to MPs. They are elected as individuals, to fill a single seat in the House of Commons in a separate election. That’s why a general election is 338 separate elections federally, or however many seats are in that province’s legislature during their elections. MPs are not elected a party vote which then gets allocated to that seat, and this is important. Because we elect MPs as individuals, regardless of whatever party colours they may be wearing, it empowers them to make their own decisions in Parliament (or their provincial legislature), and that includes the ability to cross the floor when their conscience is so moved. It’s not a bug in our system – it’s a feature because it means that the individual is more powerful than the party. The NDP doesn’t like this line of thinking at either level of government, and apparently the provincial Liberals in Manitoba are also under the misguided notion that it’s “unconstitutional” (which it most certainly is not). I’m glad that Fletcher is planning to challenge the law, because it is an affront to Westminster democracy. And when it does get struck down, I hope it serves as a warning to other provinces, or the federal NDP in their perpetual quest to enact such laws.

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Roundup: More BC Speaker cautions

The question of the Speaker of the BC Legislature remains up in the air, and continued word is that the Liberals are keeping their own out of the race lest they lose another seat as they test the confidence of the legislature, and with the Greens ruling out one of their own as well, that leaves the NDP left holding the bag when it comes to electing a Speaker. They’re obviously reluctant to do so, but it also reduces their chances of toppling the government and installing one of their own. And with that reality in mind, there is dark talk about the NDP turning the Speaker into a partisan if that happens.

This kind of comment is a real problem, because in a Westminster system, the conventions are the rules. And when people don’t see an issue with the Speaker breaking the convention that they only vote to break a tie, and in a manner that either keeps debate going or to preserve the status quo, demanding that an NDP Speaker topple the Clark government is a very big problem.

And if an NDP Speaker is elected but doesn’t opt to topple the government (and they very well should not for the sake of our system), it could leave Clark with little ability to govern, especially when it comes to passing supply, but that could be exactly what Clark is waiting for – an ability to go back to the electorate with great public regret. That said, she is under no obligation to simply accept defeat and turn over power to the NDP, especially with a precarious situation (signed confidence agreement or not).

I will add that the BC Liberals are under no obligation to put forward a name for Speaker. Federally, the Conservatives served two minority terms under Peter Milliken, a Liberal Speaker, with no ill-effect. So no, nothing is over or settled on this yet.

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QP: Not taking yes for an answer

Scheer’s second day in the Commons as leader, and the PM was still in Italy. Even Speaker Regan was away, and it was Deputy Speaker Stanton in the chair instead. Scheer led off worrying about the TransMountain pipeline in the face of a potential NDP government in BC — never mind that the PM already told the press earlier that it was going ahead regardless. Jim Carr reiterated that same point in his reply, but Scheer was unconvinced, railing about how Northern Gateway was also approved at one point before it was cancelled (which isn’t exactly how things happened). Carr reiterated that the process for TransMountain was exhaustive, and had been approved. Scheer turned to the issue of the Infrastructure Bank, and Amarjeet Sohi insisted that the Bank was necessary to get private capital into infrastructure. Scheer insisted that the Bank was ripe for abuse and corruption, but Sohi reminded him that it would be accountable to Parliament. For his final question, Scheer concern trolled about the nomination of Madeleine Meilleur as Languages Commissioner, to which Mélanie Joly insisted that Meilleur was the most qualified candidate. Thomas Mulcair was up next, and asked about amendments to the PBO legislation. Bardish Chagger read a card about the committee’s important work and that they have accepted a number of their bills. Mulcair ripped into Chagger’s talking points, to which Chagger put down her comments to insist that they listened and have delivered on the amendments. Mulcair then turn to the Infrastructure Bank, wondering about the hands of BlackRock in it, and Sohi listed the great things they could help fund. Mulcair then accused the government of interfering in provincial jurisdiction with the Bank, but Sohi parried, noting it was just another funding option.

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Roundup: Neglecting our Canadian Sovereign

It was Victoria Day yesterday, which is a uniquely Canadian holiday that both celebrates the “mother” of Confederation, Queen Victoria, as well as acts as the official birthday of the Canadian monarch (no matter when their natural person’s birthday is). You might find it strange to find that in his message for Victoria Day, the Governor General didn’t reference the Queen of Canada at all, but rather the forthcoming Sapphire Jubilee and her being the first British monarch to achieve it.

Why does this matter? Because the Queen of Canada is a separate legal entity from the Queen of the United Kingdom, and because the holiday celebrated the Queen of Canada’s official birthday. Now, there were quibbles with my tweet pointing out the fact that the GG made the omission, but I maintain that the bigger point stands.

And Lagassé is correct in that – the emphasis is curious, and part of a troubling trend from the Canadian government, which has only exacerbated since the Liberals came to power.

While the Conservatives did a lot to bring some of the focus back to the Canadian monarchy after a couple of decades of neglect and the conscious effort to “Canadianize” a number of institutions by dropping their Royal monikers (like the Royal Canadian Navy being changed into “Maritime Command” for example, until the Conservatives restored its original name), they too did their own damage to the institution, primarily when they made the utterly boneheaded decision to pass legislation that when it came to changing the line of succession to include female heirs and those who are Catholics, they merely assented to British legislation rather than amending it in Canada. In other words, they turned what was control over our own Crown and Sovereign, and undid all of the progress we’ve made since the Statute of Westminster in 1931, when the Canadian Crown became separate from the UK Crown, and turned us essentially into Tuvalu when it comes to our relationship with the Crown, and thus far, the Courts have sided with the government when it comes to the challenges of this legislation, because the appreciation of the distinction and the role of the Canadian Crown remains largely ignorant to the vast majority of Canadian society, the judiciary included. (Incidentally, that was another bill that the Commons passed at all stages with no debate, and while it was debated in the Senate rather than veto it and tell the government that the proper way to change the law of succession is by way of constitutional amendment).

Meanwhile, the current government hasn’t named a new Canadian Secretary to the Queen since the last one retired, and has been letting the republican bureaucrats in the Department of Canadian Heritage run roughshod over the relationship with the Royal Family. And because the vast majority of Canadians don’t know any better, we’re slowly killing our distinct Crown and turning ourselves back into a mere colony. So yeah, it does matter that the GG couldn’t get this very basic thing right, and we should be upset about it.

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QP: Woe be Vegreville

With the PM away and Rona Ambrose already gone, the Conservatives surprisingly led with Shannon Stubbs, who railed about the plans to close the Vegreville immigration processing centre, in light of revelations of costs associated. Ralph Goodall took this one, noting the difficulty in filling current vacancies in the centre, and that the new centre in Edmonton would double its capacity. Stubbs angrily insisted that the government had lied about the costs, but Goodale insisted that the issue was capacity. Stubbs accused the government of punishing a small town with a Conservative MP in favour of moving it to a Liberal riding, but Goodale stood firm. Gérard Deltell got up next and railed about the government cutting tax credits, to which Scott Brison reminded him that their tax measures helped those who needed it the most. Deltell tried again, railing about the transit tax credit loss (seriously, it was bad policy no matter which way you slice it), and Brison listed the good economic news since the Liberals took power. Thomas Mulcair was up next, and in French, concerned trolled that Bardish Chagger wasn’t up to picking a new Ethics Commissioner. Chagger reminded him of the open and transparent process in place. Mulcair switched to English and wondered what the Liberals would think if Stephen Harper called on Paul Calandra to choose a new Commissioner, but Chagger repeated her answer. Mulcair then turned to the issue of the Official Languages Commissioner, and wondered in what role Gerald Butts communicated with Madeleine Meilleur before her appointment. Joly noted that candidates were vetted and interviewed after a rigorous process and that she spoke with other parties who agreed that she had credentials. Mulcair tried again in French, and got the same answer.

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