Roundup: Ginning up the Grewal resignation

As the stories on Raj Grewal’s gambling debts and intended resignation continue to trickle through, a number of them have taken on a vaguely conspiratorial tone. A lot of facts that shouldn’t be out of the ordinary are treated as suspicious for absolutely no reason at all. For example, people keep wondering why he was reassigned from the finance committee in September “with no warning.” Gee, what else happened in September that would have affected committee memberships? Could it have been the fact that the parliamentary secretaries all got shuffled, so committee assignments need to be rejigged? Maybe? And whoa, he asked questions on catching money launderers to law officials and FINTRAC agents during a study on – wait for it – “Confronting Money Laundering and Terrorist Financing: Moving Canada Forward.” Such an amazing coincidence that is totally suspicious. And the latest “revelation” is that Senator Jean-Guy Dagenais says that a retired Mountie told him a year ago that he heard Raj Grewal was under investigation, and he therefore thinks PMO should have known then. Erm, except that neither the OPP nor the RCMP tell the PMO what they’re investigating because they operate at arm’s length, and more to the fact, Grewal was a backbench MP, which I cannot stress enough.

To that end, Kady O’Malley’s Process Nerd column looks at the issue of parties policing MPs’ off-hours, considering the Clement and Grewal situations, while Susan Delacourt cites those same two cases, and wonders if we need to do a better job of screening backbenchers. And I’m pretty dubious because backbenchers are not ministers. They don’t have access to secret materials (Clement, I remind you, is a former minister and thus a member of the Privy Council, and his activities on NSICOP are outside of the usual activities of a backbencher), nor are they public office holders. Their job is to hold government to account – they are not part of the government, and it doesn’t matter what committees they’re on. Treating them as the same thing is not only a gross overreach, but frankly it will give MPs a wrongheaded sense of their place in the system, which is already suffering because of civic illiteracy.

Are Grewal’s debts concerning? Yup. Is it a crisis that he was mentioned in passing as part of an investigation into other suspicious characters? Maybe, but we don’t know enough to say whether it is or not, and the baseless speculation and ginned up allegations aren’t helping. Should Trudeau and the PMO have been more candid from the start about the reasons Grewal was resigning? Probably, and given this government’s inability to communicate their way out of a wet paper bag, their approach once again blew up in their faces. But treating this affair with clickbait headlines and spinning random facts out of context in order to make them seem sinister is bad reporting.

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QP: Grewal and false border numbers

While Justin Trudeau was off to Argentina for the G20, Andrew Scheer was elsewhr, as was Guy Caron, more unusually. Mark Strahl led off, worrying about new revelations about investigations that Raj Grewal may have been swept up into, to which Bardish Chagger responded that last week he made them aware of his serious challenges and treatment, and they hoped he got the help he needed. Strahl didn’t believe her, but Chagger reiterated the response. Strahl got even more incredulous, but Chagger’s response varied only by saying the RCMP operates independently. Luc Berthold tried again in French, and got the same answer in French, and then they went yet another round of the same. Ruth Ellen Brosseau led for the NDP, demanding that the government take action. Patty Hajdu said that it was troubling, but this was a global decision affecting plants in the US and elsewhere, so they were going to help workers where they could. Brosseau then demanded the government not sign the New NAFTA until an oversight clause around milk classes was removed, to which Lawrence MacAulay deployed his well-worn points about defending Supply Management. Tracey Ramsey was worried that we didn’t know what was in the deal and demanded that it not be signed, to which Mélanie Joly stood up to assure her it was a good deal for Canada. Brian Masse, whose rant about the auto sector didn’t reach the question before he got cut off, and Hajdu recited some talking points about their support for the industry through the auto innovation fund.

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Roundup: Island of Unintended Consequences

Over at Maclean’s, David Moscrop profiled the “new” Senate, and in it was probably the best description of the institution in its present state – the “Island of Unintended Consequences,” as penned by Greg MacEachern of Proof Strategies. And that’s very much true about the state of the Chamber, but unsurprisingly, almost none of those unintended consequences were explored. The bulk of the piece was devoted to the notion that we don’t know how senators will vote anymore and they say they don’t want to defeat bills but who knows *handwavey motion*.

The problem is that it’s not just the uncertainty over how senators will vote – it’s the fact that the people being put in charge in that Chamber don’t really know what they’re doing. The Order Paper is becoming hopelessly behind with bills piling up, and because nobody wants to negotiate and do any of the horse-trading that gets bills passed, it’s getting worse. This has serious implications for the government trying to get their agenda through, but too many senators are busy congratulating themselves on the fact that they’re not whipped that they fail to see the a) that horse-trading is not partisan but rather how things get done; and b) that the pile-up of legislation is going to become a serious problem unless they get their acts together and start getting bills through the system. If you want an unintended consequence, that’s certainly a huge one, and one that Senator Peter Harder seems willing to let happen so that he can get his way with the creation of a “business committee,” which will just fob yet more responsibility off of his desk and onto another small cliques’ plate (but he needs his $1.5 million budget!) and won’t do any of the things he promises when it comes to avoiding the end-of-session legislative pile-up. The fact that the Independents now make up the majority of the chamber, most of them too new to know what they’re doing (and lacking proper mentorship), the Order Paper crisis is happening and they don’t understand that it’s happening. This is a problem, and we need more senators to wake up to it.

Meanwhile, Senator Paula Simons talks about her live-tweeting in the Chamber as a way of de-mystifying its work, thanks to her career as a journalist, and I for one applaud her for it (though I will offer her corrections as she goes along).

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QP: Doom or strength?

All of the leaders were present today, for a change, and with so much news on offer, it was a question as to which rabbit hole Andrew Scheer would decide to go down for the day. Scheer led off, mini-lectern on desk, and he listed the portents of economic doom — doooooooooom! — and demanded the prime minister fight for Canadian jobs. Trudeau stood up and listed the positive economic indicators and promised they would continue to invest in the economy. Scheer insisted that it was Liberal policies dooming the economy, and demanded businesses be exempted from carbon taxes. Trudeau listed more measures that the government has taken to ensure competitiveness and stated that pricing carbon was necessary to transition to a green economy. Scheer demanded again — as though carbon taxes had anything to do with GM having too many plants globally to meet reduced demand — and Trudeau again listed measures the government was taking before taking a shot at Scheer’s lack of plan. Scheer deliberately misled the House regarding carbon taxes, and Trudeau praised their green transition plan. Scheer accused Trudeau of wanting to phase out the energy sector before the next election, and Trudeau deployed the handy “the economy and environment to hand in hand,” before he switched to French to lambaste Scheer for not asking anything about protecting French language services. Guy Caron was up next for the NDP, demanding a national auto strategy, to which Trudeau spoke about fighting for the sector in NAFTA talks and noted the investments made in the sector under his government. Caron switched to a French to make the same demand, to which Trudeau listed the ways they have been attracting investment in the sector. Karine Trudel demanded that the prime minister fight for jobs in Oshawa, to which Trudeau, with a script, assured her that they were fighting for jobs. Peter Julian made the same demand in English, and Trudeau assured him that they were fighting.

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Roundup: A noble bill with problems below the surface

It’s not often that I’ll go out of my way to comment on poor reporting (as opposed to columns), but in this particular case, I’m going to make an exception. The story is the fact that Rona Ambrose’s bill on mandatory sexual assault training for judges has been stalled in the Senate. Ambrose appeared on Power & Politics to express her shock and dismay, but there was very little research done in terms of the concerns that have been raised with the bill to date, and the fact that its passage through the House of Commons was problematic in and of itself (most especially the fact that it was referred to the Status of Women committee instead of the Justice Committee in order to ensure swift passage, with a committee that was sympathetic and didn’t have the expertise on the matter). The written story on the CBC website was simply a recap of Ambrose’s interview with no comment from anyone else, or recounting any of the concerns or pushback from the debates on the bill.

So I decided to take twenty minutes and skim over the Second Reading debates in the Senate on the bill, and lo, there are some pretty important concerns being raised. Senator Jaffer, who is a lawyer who has done judicial training, pointed to the fact that the bill mandating written rulings in all sexual assault cases not only takes away from the fact that there are procedures for clear oral rulings that can be appealed, but that it will cause other delays. The training also disadvantages rural lawyers, and can tip the hand of a lawyer in a firm that they are applying to be a judge.

Senator Joyal, a formidable constitutional lawyer who had a career fighting for minority rights (and who helped write the Charter of Rights and Freedoms) expressed some serious concerns about the powers given to a federal commissioner to determine what qualifies for training. He raised the very real point that the bill stipulates that training must be done by sexual assault survivors and organisations that support them, which automatically biases the training and the presumption of innocence (and others have raised the point that these trainers are often called as expert witnesses, which creates further biases). Joyal also noted the constitutional implications of the bill given that judicial independence includes the ability to maintain control over their education.

Senator Pratte, while not a lawyer, raised the salient logistical issue that for every 500 judicial applicants, maybe 50 make it through, meaning that if everyone needs training before they can be appointed, it delays assessment of applicants and has the potential to create problems with the quality if the training. He also raised the notion that if sexual assault survivors are needed for this training, how long will it be before other victims’ groups demand to be heard for other judicial training?

Senator Fraser, whose objections were briefly noted in the CBC piece, also made points about the inappropriateness of the bill mandating that reports on the number of judges who have taken the training be tabled in Parliament because judges report to Chief Justices in their regions, not to the minister. As well, because the majority of these cases are actually heard in provincial courts, this could qualify as interference in provincial jurisdiction.

The story also went onto state that Senator Joyal, who chairs the Legal and Constitutional Affairs committee, wouldn’t give a date for when the bill will be studied, but it didn’t mention that government bills always take precedence at committee, and as you can see from the committee’s schedule, they have a pretty full slate for the coming weeks, possibly months.

Frankly, I’m more than a little dismayed at the lazy reporting on this bill. While it may look like a slam-dunk issue on the surface, there’s a lot beneath the surface that’s not being reported on, which is actually fairly irresponsible. Would that political reporters at the CBC take twenty minutes to do some actual research on their stories than simply transcribe an interview.

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QP: Fighting for Oshawa

While Justin Trudeau was in town but meeting with the head of Unifor, Andrew Scheer decided to show up for the first time in almost two weeks. Scheer led off, mini-lectern on desk, and he read that he met with workers at the GM plant in Oshawa earlier that morning, before he concern trolled around “massive deficits,” before wondering if the support for workers was factored into the fall economic update (obviously it wouldn’t have been), or if it meant higher deficits. Navdeep Bains responded by saying that they stand up for workers, and touted their innovation fund. Scheer demanded they cancel the carbon tax to protect jobs, to which Bains praised the business environment and the auto sector in Canada. Scheer demanded a second time, and Bains noted new investment in the sector. Gérard Deltell took over to reiterate the demand in French, to which Bains read his bland assurances in French. Deltell listed the various other job losses in other sectors, to which Bains retorted in English about the good economic news that countered those individual challenges. Guy Caron was up next for the NDP, and he worried about the Oshawa news, and got the usual reply from Bains. When Caron demanded that GM repay any funds that the government provided them, Bains assured him that all options were being explored to protect workers. Peter Julian was up next to reiterate the question in English, and Bains took exception to his characterisation of events before listing the economic figures. Julian insisted that the fall economic update was a giveaway to corporations, but Bains again pushed back against the rhetoric and proclaimed about their plans to invest created growth.

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Roundup: Refusing to learn their lessons

A former PQ minister wants to run for leadership of the Bloc, and I just cannot. Can. Not. The challenger this time is Yves-François Blanchet, who served in Pauline Marois’ short-lived Cabinet, and has since taken on a political pundit career since being defeated in 2014. He apparently met with the caucus yesterday, and the majority of them – including their past and current interim leaders – all seem to like him, but I keep having to circle back to this simple question: did you learn nothing from your last disastrous leader?

I can’t emphasise this enough. Since their demise in 2011, the Bloc have had a succession of seatless leaders, including Mario Beaulieu (who now has a seat, incidentally, and is the current interim leader), and while he stepped aside so that Gilles Duceppe could return (unsuccessfully), they keep going for leaders who aren’t in caucus, and time after time, it goes poorly for them. Every single time, I have to wonder why they don’t simply do as our system was built to do, and select a member from caucus. Constantly bringing in an outsider does nothing for their profile (ask Jagmeet Singh how that’s going), and their leaders keep being divorced from the realities of parliament. And time and again, they keep choosing another outsider. Why do you keep doing this to yourselves? Why do you refuse to learn the lessons that experience has to teach you?

There is one current MP who is considering a run, Michel Boudrias, and if the Bloc was smart, they would choose him by virtue of the fact that he’s in the caucus, he’s in the Commons, and he knows how Parliament works. Of course, if they interested in ensuring he’s accountable (especially given just how big of a gong show their last leader was), then it would be the caucus that selects him so that the caucus can then fire him if he becomes a problem (again, if history is anything to go by). But that would take some actual political courage by the party, and given their apparent reluctance to learn the lessons from their mistakes, that may be too much to ask for.

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QP: Demanding action for Oshawa

While the prime minister was present, on a day of tough news for Oshawa, Andrew Scheer was absent yet again. Because why bother showing up to Parliament when you’re the leader of the opposition? Erin O’Toole led off, and said there was a future for manufacturing in Canada if they fought for it, and wanted to know what the government was doing. Justin Trudeau read a statement about their disappointment in the news, and how they would support the workers. O’Toole said that they needed to hear that the prime minister hasn’t given up on the sector, to which Trudeau said that they were working with other orders of government to support the workers. O’Toole asked if GM asked him about trade and tariff concerns that were impacting their competitiveness, to which Trudeau said that the auto companies worked with them as part of the new NAFTA talks, and there was more work to do in eliminating steel and aluminium tariffs. Luc Berthold took over in French to ask again about fighting for the jobs, and Trudeau picked his script back up to read the French version of his first answer. Berthold read some further concerns about the workers, and Trudeau read some further assurances about the industry being solid. Guy Caron was up next for the NDP, and he worried that GM was getting “tax giveaways” while cutting jobs, to which Trudeau read a script about support for the auto sector and how they worked to make it globally competitive and innovative. Caron switched to the Canada Post strike and worried that back to work legislation wouldn’t have resulted in the gains the union made, and Trudeau read a script about all of the measures they took to help get a deal. Karen Trudel asked the same question again, and Trudeau extemporaneously explained how they worked respectfully with unions but the time came to make difficult decisions. Irene Mathyssen read that Canada Post was a toxic environment, to which Trudeau read about his faith in the collective bargaining process.

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Roundup: Pausing the birth tourism hysteria

You probably heard last week about the recent report that incidents of “birth tourism” in Canada are higher than previously reported, owing to collecting data from hospital sources rather than local statistical agencies. Given that this became a flashpoint at the Conservative policy convention a few months ago, it’s probably safe to assume that this will become a topic of debate in Parliament in the coming weeks (though it depends on whether or not Andrew Scheer decides this will be the next issue he decides to chase down a rabbit hole, as is his wont). One does hope, however, that we may have a reasonable debate around this, and while Chris Selley may point to the fact that we may want to do something (that won’t violate human rights and create stateless persons), economist Lindsay Tedds has another view that may also be worth considering, especially if we look at the issue over the longer term.

https://twitter.com/LindsayTedds/status/1066763395578253312

https://twitter.com/LindsayTedds/status/1066766469545975808

https://twitter.com/LindsayTedds/status/1066768661434662912

https://twitter.com/LindsayTedds/status/1066770215784996864

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Roundup: Getting your Senate criticism wrong

In light of Independent Senators Group “Facilitator” Yuen Pau Woo’s comments in the Globe and Mail last week about wanting to make Senate modernisation an election issue, Konrad Yakabuski penned a column in the Globe’s pages to point out that for all of the appointment of Independent senators, the institution remains as political as ever. Which is true – it is inherently a political body, no matter what some of its more recent denizens may think of it (much like the Supreme Court of Canada is itself a political institution, though people don’t like to think of it as such). And there are a lot of problems with Woo’s attempt to turn this into an issue, or his belief that Independent senators are somehow apolitical, or that a “non-partisan” Senate is even desirable (hint: It’s not). But Yakabuski’s column falls apart in several areas because, once again, you have pundits who know nothing about the institution passing judgment on it.

The key lines from the column that betray its ignorance are not difficult to spot:

Mr. Trudeau has effectively transformed the Senate by appointing 45 senators in just three years in office, almost all of whom sit as independent members. But just how independent are they, really, when they consistently vote in line with the Liberal majority in the House of Commons? Frankly, there is no way of knowing, given that the workings of the “new” Senate are even more opaque than those of the old one, when almost all senators were clearly aligned with one of the major parties and sat in on party caucus meetings.

Yakabuski has fallen into the trap of not understanding how Senate votes work, and how they can be different from those in the Commons. And I will be fair in pointing out that Conservatives, particularly a number of them in the Senate, have been playing a bad-faith game of portraying the votes in this light. What people ignorant of the institution don’t realise is that because the Senate knows they’re unelected, and will defer to the House of Commons on most occasions, they will rarely vote against government legislation, but will instead focus their attention on their role around scrutiny and any kinds of amendments to bills they can make – and this is even more so in the current era, where you have a government that has stated that they are open to those amendments. They also know that if they did vote down a government bill, there would be tempting a constitutional crisis, which is why they will only do it in exceptional circumstances. Simply counting votes ignores this reality of the Senate’s workings (which is both lazy journalism and poor qualitative political science in a qualitative body, and what the Conservatives agitating against the ISG are counting on). This is also to add that Yakabuski is off-base in describing the workings of the Senate, “new” or status quo, as being “opaque.” It’s not, and you have to go out of your way to ignore the workings if you think it is.

I would also add that Yakabuski also closes his column with praise for the design of the American Senate, citing that “The separation of powers and checks and balances built into the U.S. system expose the vulnerabilities of our own.” Nope. I would rather a system based on confidence and Responsible Government than their “balanced constitution” at any point, and if he thinks their system works better, he hasn’t paid the slightest bit of attention.

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