Author Archives: Dale

About Dale

Journalist in the Canadian Parliamentary Press Gallery

Roundup: Cluelessly demanding reforms

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Over the long weekend, Independent Senator Tony Dean posted an op-ed over on iPolitics to decry the supposed partisan attempts to block reform in the Senate – but it’s a dog’s breakfast that betrays a complete lack of understanding about the institution. It’s indicative of the attitude of a cohort of the new senators who think that they know best, despite not having a working knowledge of Parliament as a whole, or the Senate in particular, and yet they feel as though they know definitively how it needs to change. And more dangerously, Dean brings up that recent poll to show how Canadians apparently love the “new” Senate as a means of bashing Andrew Scheer and the Conservatives, who have no intention to continue the new appointment process – in effect campaigning for the Liberals, which should be uncomfortable for “independent” senators.

The core of Dean’s argument is that the Senate needs a business committee in order to get things done – which is both wrong, and wrong-headed. He complains that individual senators can delay bills, which he fails to grasp is the whole point. The Senate does not exist to rubber-stamp government bills, and yet Dean seems to miss that point. It’s not just that the Conservatives are partisan and therefore Bad – it’s because the Senate has a constitutional role to fill, and a business committee won’t stop delays. All it does is institute time allocation on all legislation before the Chamber – and it’s ironic that he’s pushing for that notion because in the very same piece he complains that the Conservatives were draconian about time allocation when they were in charge. He complains that there is no “TV Guide” for the Senate because debates aren’t organised, which is another wrong notion because the whole point about the way in which the Chamber has operated, where there are days between speeches between proponents and critics on bills is because it allows for thoughtful responses rather than the canned speechifying that happens in the House of Commons. And “organising” debates for the sake of TV is just time allocation in disguise. Which he fails to grasp.

Pointing to the programming motions on the assisted dying or cannabis legislation are not necessarily good examples of programmed debate in the Senate, because those were extraordinary bills, which the majority of Senate business is not. Dean was also known for insisting that the Conservatives would refuse to let those bills go to a vote when the Conservatives were proposing timetables for negotiation (and we all know that neither the Leader of the Government in the Senate, Peter Harder, nor the Independent Senators Group, seem to believe in negotiation or horse-trading to get things done in the Senate, because they mistakenly believe it to be “partisan,” which it’s not – it’s how stuff gets done). A business committee is a bad move for the Senate, and Dean needs to get a clue about that. It won’t stop the Conservatives from being partisan, and simply time allocating all business could set a bad precedent for when the Conservatives get back into power – which they will one day – and the impulse to return to some of the “draconian” measures of the Harper era come back, and suddenly they may feel differently about time allocating everything. But this cohort of new senators doesn’t get that because they’re not familiar with how parliament works, and they need to get on that because change for the sake of change may sound like a good idea in the moment, but can have lasting, damaging consequences for the institution as a whole.

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Roundup: Kenney changes his tone

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In the wake of Jason Kenney’s win in the Alberta election, he took to the microphones yesterday to try and sound statesmanlike, immediately ratcheting down his rhetoric on a number of files including his “turn off the taps” pledge (which never made any business sense) and his demand that the Trans Mountain Expansion construction get underway – acknowledging realities that he never did on the campaign trail. Of course, he still plans to kill the province’s carbon tax (and lift their emissions cap) which sets up for constitutional battles that they are doomed to lose. As for Rachel Notley, she becomes yet another woman first minister who has failed to win a second election, keeping that established pattern going. And I would encourage you all to read Jen Gerson’s roundup of the whole election, and the lessons in the end – that you can’t hope to paint your opponents as bigots and win, and that you can’t run a campaign about lashing out against the world without consequences.

This having been said, a narrative started emerging over social media as soon as it became clear that Kenney was winning last night, which was conservatives across the country were insisting that the NDP’s campaign as solely “nasty” and full of “personal attacks” which was why they lost. Kenney himself, during his press conference yesterday, insisted that he had a “positive campaign” that the media somehow missed. I’m not sure what part of lies and snake oil promises are “positive,” nor am I convinced that pointing out racism, misogyny and homophobia/transphobia is a “personal attack.” In fact, it seems to point to this aggrieved sense that I’ve seen where the Conservatives in Ottawa will go to bat for avowed racists because their racism was being pointed out – that being called a racist is somehow worse than the actual racism being espoused. That’s a fairly troubling mindset, and yet we’re no doubt going to be seeing a lot more of it as Justin Trudeau makes a concerted effort to point out the winking and nudging to white nationalists that Andrew Scheer has engaged in.

And now the hot takes – because everyone’s got one. Colby Cosh points out that this really wasn’t the Lougheed vs Klein fight that some people portrayed, and that the broader climate fight is in the works. Stephen Maher advises that Trudeau abandon his “sunny ways” (more than he already has) and start bare-knuckle brawling, adding that if Kenney lets his social conservatives loose, that could work to Trudeau’s advantage. Andrew Coyne notes Kenney’s adoption of a statesman-like tone in victory following “campaign exuberance,” and that Trudeau would be in a tough spot to not approve Trans Mountain if Kenney repeals the province’s environmental plan. David Moscrop wonders if the trends in Alberta are changing and whether its conservatism will hold for Kenney’s benefit. Tristin Hopper makes the salient point that the increasingly uncompromising nature of the environmental movement hardened Albertans against the NDP.

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Roundup: Drawing the wrong lessons

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At the time I’m writing this, it’s not looking too good for Rachel Notley and her NDP in the Alberta election (and sorry I couldn’t stay up late to track results, but StatsCan waits for no journalist). With that in mind, I wanted to just post a couple of thoughts about what this could bode – not just the immediate nonsense of Jason Kenney theatrically tabling a bill to repeal the province’s carbon tax (and immediately subjecting him to the federal backstop), or his threat to “turn off the taps” to BC when it comes to oil — something a court would strike down immediately because it’s utterly unconstitutional. Rather, I suspect that this will provide additional encouragement to Andrew Scheer to emulate Kenney’s tactics — fomenting anger, and selling people a steady diet of lies and snake oil, and hoping that he can find someone to blame when he’s unable to deliver on any of it should he get into power. Scheer’s problem will be that he doesn’t have another level of government he can cast too much blame upon, but that won’t dissuade him from the other tactics.

I also suspect that we’re going to get a renewed round of wailing and gnashing of teeth from “progressives” about how they couldn’t coalesce their votes around Notley and the NDP, and there will be all manner of blame being cast at the Alberta Party and the Alberta Liberals for splitting their vote (which is nonsense, of course, but we’ll hear it anyway).

Meanwhile, my column offers my personal loathing and dread about the way the election happened, and the problem with stoking anger and promising magic wands and snake oil.

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Roundup: A trio of justice issues

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There were three major law-related stories in the news yesterday, starting with the announcement that Supreme Court of Canada Justice Clement Gascon has opted to retire early, citing “personal and family reasons.” This was quickly followed by Justin Trudeau announcing that a replacement process would be launched, and would again be headed by Kim Campbell, while the Conservatives followed a few hours later with a demand that this process not go ahead until the leak from the previous process was investigated (though the Privacy Commissioner is already on that case). The thing to remember of course is that there is something of a deadline here, being the election, and it’s more than possible that the Conservatives want this delayed so that they have the possibility of naming the next judge if they should happen to form government in October. For what it’s worth.

The second story was that of the carbon tax reference at the Ontario Court of Appeal, which was live-streamed for the first time in its history. The province’s argument apparently is that if the federal government is allowed to impose a carbon tax, that they’ll start intruding into other areas of provincial jurisdiction, which is…dubious. And it sounds like the judges weren’t having much of that line of reasoning either.

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The third law story of the day was the revelation that the directive around civil litigation involving Indigenous people that Jody Wilson-Raybould instituted as one of her last acts as justice minister has been fiercely contested within the department because it many cases, it amounts to litigating badly and not actually getting the courts to resolve the legal questions that are at issue, which they argue doesn’t actually help reconciliation because you’re not dealing with underlying issues that require resolution. The piece also noted the frequent and direct political interference that Wilson-Raybould exerted on civil litigation (which she can do as Attorney General, unlike the arm’s length nature of criminal prosecutions), sometimes undermining the arguments that Crown attorneys were trying to advance in the middle of cases. It’s fascinating reading and yet more insight into what was going on with Wilson-Raybould in the lead up to her being shuffled.

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Roundup: Statute or prerogative?

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Because there was (thankfully) not a lot of news this weekend, and I just can’t about the Alberta election right now (seriously, does nobody realize the how much fire they’ve playing with by stoking anger and making unrealistic promises?) I’m instead going to leave you with some food for thought from Philippe Lagassé about the National Security and Intelligence Committee of Parliamentarians’ report and the calls for military intelligence to be a subjected to a statutory framework rather than carrying on operating under Crown prerogative, as they currently are. Enjoy.

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Roundup: Missing the mark on encouraging participation

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The House of Commons’ status of women committee tabled a report this week that is about getting more women into politics? The problem? That all of its recommendations are focused on what the government can do, when it’s not their job. Rather, it’s the job of political parties, and only some of them take it seriously. Add to that, the one recommendation that people tend to focus on — that the federal government give some manner of financial compensation to parties who recruit more women candidates — is bad policy because it simply rewards parties for putting women candidates in unwinnable ridings and lets them claim their percentages. The Conservatives had their own dissenting report as well, which focused on their notion of women running on “merit” rather than quotas (because there’s apparently no tokenism in their party), and wanted more focus on women who bully and discourage other women in politics. (The NDP’s own dissent focused on some of the language of the recommendations, and more funding for women’s groups, childcare, and so on).

And I have to stress that this is a party issue, not a government issue. Parties are the ones who set the rules for their nomination contests, and are responsible for recruiting their own candidates, and even more to the point, these should be grassroots efforts rather than coming on high from party headquarters. That means mobilising party members at the ground level to find and recruit more women, and to convince them to run. The Liberals have had success with this — they instituted a programme of getting people to find women in their communities and then asking them several times to run, because they know the research that shows that while a man would likely accept on the first request, women can take something like seven times being asked before they will accept to run. Overcoming that socialised reluctance is a big part of it, and where the focus needs to lie — on top of the parties making their nomination rules more clear (and less reliant on the “unwritten rules” as have been spoken of), and ensuring that things like childcare are being taken care of so that women can do things like door-knock and and canvas. None of this is something that the government can take care of, but the party grassroots needs to be aware of and work toward implementing.

It’s not just rules — it’s an ecosystem. Part of that is civics education, because we don’t teach students about things like nomination races and why they matter, and how to get involved. That’s one of the most fundamental parts of our system, and we don’t teach it. How do we expect more young women to get involved if we don’t tell them how? This is where the focus needs to lie if we’re to make any lasting change.

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Roundup: Unenforceable garbage legislation

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As expected, the Speaker ruled yesterday that he didn’t have the jurisdiction to police whether or not the different party caucuses adhered to the Reform Act additions to the Parliament of Canada Act, and thus Jane Philpott’s complaints will fall on deaf ears (just as Erin Weir was hoping to belatedly make the same complaints about his own expulsion from NDP caucus). And then we immediately got another wave of self-righteousness over the Twitter Machine about how terrible it was that MPs couldn’t even follow their own laws just after they passed them.

To recap the whole Reform Act saga: It was a dubious prospect from the very start because it was utterly misguided in what it was trying to accomplish, which was to nominally weaken the power of the party leader and strengthen the power of MPs. Everyone was treating this as a rebuke of the “dictatorial” Stephen Harper, so it became this big optics battle, never mind that it would have done nothing about the Conservative caucus and their mood, since the vast majority of them were still convinced that Harper walked on water. And while Michael Chong may have been noble in sentiment, he chose the wrong vehicle to make his proposed changes. The right vehicle would have been reforming leadership selection processes, which are the bane of our system, but he didn’t dare do that, so we got the Reform Act instead. And because no party actually wanted to do more than mouth the platitudes of the bill, they ensured it was so completely neutered in committee and made optional, with no enforcement, that we got the eventual garbage bill passed into law because it felt good to do so.

Here’s the thing: MPs didn’t need this bill to give them any more power. They already had all the power they needed, but they either choose not to exercise it, or don’t know about their own powers because, well, most of them don’t even know their own job descriptions. (This is why I wrote my book). And Chong’s garbage bill actually limited their powers under the guise of strengthening them. But would anyone articulate that at the time (other than me, howling into the void from the pages of the National Post)? Of course not. All of the hollow platitudes were siren song. And so once again, MPs passed a meaningless (but not actually harmless — the bill is actually democratic poison) bill into law with no intention of following through on it, because it felt good. And this kind of thing keeps happening because not enough MPs are serious enough about their actual constitutional roles. We need better informed MPs, or this kind of thing will keep happening.

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QP: Concern trolling over perjury

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The Thursday before the Easter break, and neither Justin Trudeau nor Andrew Scheer were present. That left Alain Rayes to lead off in French, and he demanded that the prime minister commence his legal action right away. Bardish Chagger said that Canadians heard the truth because the PM had the courage go waive any confidences, but the legal letter was sent because the leader of the opposition keeps speaking falsehoods. Rayes dared Chagger again, and Chagger reiterated that they took the first step with the letter. Mark Strahl took over in English, with added bluster, in demanded that the prime minister see his leader in court. Chagger reiterated her points in English, and so Strahl tried again, and again, not that the answer changed. Jagmeet Singh was up next, and he wanted assurances that the government would not interfere with the Director of Public Prosecutions, to which Chagger was concerned that Singh seemed to indicate a lack of confidence in the Ethics Commissioner of other institutions. Singh demanded a public inquiry in French, to which Marc Garneau stood up to say that Canada was cooperating with the OECD. Singh then asked about big banks’ sales practices and worried the government was only worried about big corporations, and Ralph Goodale reminded him that they introduced tougher penalties against banks giving misleading information. Singh tried again in English, and Goodale repeated his response with a tone of exasperation. 

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Roundup: Forcing a partial denunciation

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While Andrew Scheer was goading Justin Trudeau to carry on with his libel lawsuit against him, it seems that Trudeau did manage to get Andrew Scheer to do one thing that he has thus far avoided, which was an actual denunciation of white nationalism, and that he actually said those words rather than talking around them. He didn’t denounce Faith Goldy for appearing with him at that “convoy” rally, and he didn’t say anything about his cherry-picking of wilful blindness of the “Yellow Vest” contingent with their racist and whites supremacist messages at that rally, but it was a start. Baby steps. 

Part of the backdrop for this was an exchange between Senator Leo Housakos and Chrystia Freeland at a Senate committee hearing on Tuesday, where Housakos said he didn’t see any white suprematist threat (which he later said was poorly worded), and Freeland laying down the law on it. 

Amidst this drama, the head of CSIS was appearing at a different Senate committee, this time to talk about Bill C-59, the national security bill, and he did state that the intelligence service was becoming more and more preoccupied with the threat of white nationalists and far-right extremists, even though religious extremism was still one of their largest focuses. It’s something that is of concern and we can’t ignore the winking and nudges that absolutely takes place, or especially the blind eyes that get turned, but we do seem to be having a conversation about it, so that’s probably a good start.

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QP: A dare and a denunciation

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All of the leaders were present today, for what promised to be a lot of back and forth over the libel suit. Andrew Scheer led off, and he dared Justin Trudeau to go ahead with the suit. Trudeau picked up a script to say that this was the party of Stephen Harper, that they backed down when threatened over statements about Navdeep Bains, and this was more misleading by the Conservatives. Scheer repeated the question in French, and got the same response from Trudeau but in French. Scheer demanded court proceedings commence, and Trudeau first said that Scheer wouldn’t denounce white supremacists, and raised Senator Housakos’ comments in committee saying he didn’t think it was a problem. Scheer dismissed this as a smear tactic, and stated that he always denounced white supremacists (possibly saying those actual words for the first time). From there, Trudeau went on a tear about Scheer misleading Canadians and pivoted to the environment, to which Scheer demanded Trudeau go on the record in court, and Trudeau kept on about the Conservatives’ lack of a plan. Jagmeet Singh was up next, and said that the OECD was watching Canada on the SNC-Lavalin file and demanded a public inquiry. Trudeau reminded him that the justice committee was master of its own destiny and he ensured everything was public. Singh tried again in French, got the same answer, and then Singh railed in French about Loblaws getting climate funds. Trudeau reminded him that the private sector has a role to play in fighting climate change and the government would partner with them, and when Singh tried again in English, and Trudeau said the problem with the NDP was that they were all talk, while they were taking action.

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