Monthly Archives: March 2017

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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QP: The perpetual call for lower taxes

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While the PM off in Houston, the benches were a little emptier today. Rona Ambrose led off, worrying that the government wasn’t doing enough to cut taxes in the face of the Trumpocalypse — assuming that anyone can actually decipher what signals are actually being given there. Scott Brison responded, citing the tax cuts and Canadian Child Benefit that have lifted children out of poverty. Ambrose demanded lower taxes and less red tape, to which Navdeep Bains listed the stats on job creation and the number of companies expanding investing or expanding in Canada. Ambrose asked for the same as it comes to small business, and Bardish Chagger relayed her government’s concern for those small businesses are looking to help them succeed. Alain Rayes worried about tax burden being passed onto his daughter with higher deficits, to which Scott Brison reiterated his previous comments in French. Rayes asked again about small businesses in French, and Chagger gave a more truncated version of her previous response in French. Matthew Dubé led off for the NDP, worrying about Quebeckers being turned away from the US border, to which Ahmed Hussen said that he couldn’t speak to individual cases, but they need to raise concerns with American authorities. Dubé changed to English to demand an end to the safe third country agreement, but Hussen reminded him that the UNHCR still considers the States a safe country. Tracey Ramsey worried about auto parts rules under NAFTA, which Chrystia Freeland assured her that it was her priority to fight those American rules. Ramsey demanded to know what the government planned to bring up in trade negotiations, but Freeland chastised Ramsey for trying to get her to negotiate in the media.

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Roundup: Carrying Russia’s water

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The big story that had a number of people salivating yesterday was the screaming headline in the Globe and Mail that Chrystia Freeland knew her grandfather was the editor of a Nazi newspaper, which Freeland’s own uncle had researched, and to whom Freeland had contributed assistance to. VICE printed their own version of the story, making it clear that Russian officials have been shopping this story around for a while – remember that Freeland is persona non grata in Russia and target of sanctions – and added a tonne of context to the circumstances that Freeland’s grandfather would have found himself in, most of which was absent from the Globe piece because, well, it’s less sensational that way. And then cue some of the bellyaching that Freeland’s office wasn’t very forthcoming about some of this information when asked, the accusations that this somehow undermines her credibility, and whether or not this should be properly characterised as a smear when most of the facts are, in broad strokes, true (though again, context mitigates a lot of this).

The Russian connection, however, is what is of most concern to observers. Professor Stephen Saideman for one is cranky that the Globe very much seems to be compromising its editorial standards and is now carrying Russia’s water for the sensationalism and the sake of clicks. Terry Glavin is even more outraged because of the ways in which this plays into Russian hands, and any belief that we’re immune to the kinds of machinations they’ve exhibited in destabilizing the American electoral process (and now administration) and what they’re up to with far-right parties in Europe should be cause for concern. And to that end, Scott Gilmore says that we can’t expect to be immune from these kinds of Russian attacks. So should we be concerned? By all appearances, yes. And maybe we should remember that context is important to stories, and not the sensationalism, because that’s where the populist outrage starts to build, causing us bigger headaches in the long run.

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QP: Women ask the questions

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It being International Women’s Day, one expected that all questions posed would be by women MPs. Rona Ambrose led off, trolling for support for her bill on training judges in sexual assault law (which, incidentally, I wrote about for this week’s Law Times, and the legal community was pretty clear that they felt this wasn’t the right way to go and this bill could impact on judicial independence). Justin Trudeau spoke about the importance of supporting survivors of sexual assault, but would not commit to supporting it. After another round of the same, Ambrose wanted support for Wynn’s Law on bail applications, to which Trudeau said that the justice minister spoke to Constable Wynn’s window but would not commit to supporting it. Ambrose asked about a bill on human trafficking and why it eliminated back-to-back sentencing provisions, but Trudeau responded in his condemnation of those crimes but not in backing down on the provisions in the bill given their commitment to the Charter. Ambrose asked about helping women come forward to report sexual assault, and Trudeau noted that this was a concern and they have a ways to go. Shiela Malcolmson led off, heralding Iceland’s work on pay equity legislation, to which Trudeau said they were working on legislation. Brigitte Sansoucy asked another pay equity question in French, and got much the same answer. Sansoucy moved onto tax evasion and demands to end amnesty deals, and Trudeau noted that they were working on ending tax evasion by investing in the CRA’s capacity to do so. Tracey Ramsey asked the same again in English, and got the same answer.

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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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QP: KPMG and conspiracy theories

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With the benches mostly full, the Chamber was ready to begin the grand inquest of the nation. After a moment of silence for an RCMP officer who lost his life in a car accident in Quebec, Rona Ambrose led off, asking whether the PM had answered questions from the Ethics Commissioner on his Christmas holiday. Trudeau simply stated that he was happy to answer the Commissioner’s questions. Ambrose pressed on the accountability angle, and Trudeau expounded upon the responsibility to Canadians and openness and transparency, but that was all. Ambrose pivoted to the lack of judicial appointments affecting the criminal justice system, for which Trudeau noted the appointments have been made, and noted the new process that was ensuring that more women, visible minorities and Indigenous get appointed. Ed Fast was up next, back from recovering from a stroke, and he demanded the government’s figures on the costs of carbon pricing. Trudeau welcomed him back but chided him for not understanding the new economy. Fast brought up hydro rates in Ontario, but Trudeau was unmoved, taking shots at the previous government’s record. Thomas Mulcair was up next, demanding action on tax havens, and wondered when the budget was. Trudeau noted the commitment to tax fairness, by didn’t give the date. Mulcair railed about KPMG and different rules for the rich, and Trudeau reminded him that they were engaged on the file. Mulcair demanded criminal charges, and Trudeau again reminded him that the file was still being investigated. Mulcair worried about CRA-funded advertorials, for which Trudeau reminded him that they employ a broad range of ways to communicate to Canadians.

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Roundup: Worst instincts for second-choice votes

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As the Trumpocalypse serves up another “totally not just Muslims” travel ban south of the border, immigration references in the Conservative leadership race are certainly starting to pick up steam. Maxime Bernier started dropping not-so-coded references to “radical proponents of multiculturalism” who want to “forcibly change” the cultural character of the country (no, seriously), while Kellie Leitch offers up some of the questions her “values test” would include. Because you know, it’s totally not like people aren’t going to lie about the obvious answers or anything. Meanwhile, Deepak Obhrai says that statements like Leitch’s is creating an environment that could get immigrants killed, in case you worried that things aren’t getting dramatic. Oh, and to top it off, Andrew Scheer has a “survey” about terrorism that he wants people to weigh in on, and it’s about as well thought-out as you can expect.

https://twitter.com/stephaniecarvin/status/838798221501673473

While John Ibbitson writes about how the Conservative leadership candidates’ anti-immigrant rhetoric is a path to oblivion for the party, I would also add this Twitter thread from Emmett Macfarlane, which offers up a reminder about how our immigration system in this country actually works, because facts should matter in these kinds of debates.

https://twitter.com/emmmacfarlane/status/838879309829967874

https://twitter.com/EmmMacfarlane/status/838879524888670208

https://twitter.com/EmmMacfarlane/status/838879901725900800

https://twitter.com/EmmMacfarlane/status/838881353940750339

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QP: Take it up with UNHCR

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It being Monday with many desks across the Chamber vacant, Rona Ambrose was absent, despite the Prime Minister being in attendance. Denis Lebel led off, worrying about pension income splitting in the budget, and Justin Trudeau accused him of trying to sow fear, before listing off the many measures they put into place to help vulnerable seniors. Lebel worried about the fates of other tax credits, and Trudeau listed other investments the government has made to lead to good jobs and economic growth. Lebel then asked if small business taxes would be cut to create jobs, and Trudeau countered with the broad-based tax cuts and Canada Child Benefit cheques that put more money in people’s pockets. Candice Bergen was up next, and dredged up the helicopter ride to the Aga Khan’s island, and Trudeau succinctly told her that it was a personal family vacation and he was answering the Ethics Commissioner’s question. Bergen asked again, and got the very same answer. Thomas Mulcair was up next, worrying about the new executive order signed by Donald Trump regarding Muslim immigrants and refugees, and demanded to know if the government still considered the United Stated was a safe country for refugees. Trudeau deflected by talking about what Canadians expect of the government’s relations with the States. Mulcair raised the case of a Canadian woman turned back at the border, but Trudeau insisted that they were working with Americans to ensure that the border remained open for Canadians. Mulcair moved onto the issue of tax havens and the recent journalism investigations into KPMG, and Trudeau said that they expected people to pay their taxes and they invested money in the CRA to investigate. Mulcair pressed in English, and got much the same reply from Trudeau.

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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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