Author Archives: Dale

About Dale

Journalist in the Canadian Parliamentary Press Gallery

Roundup: Oh noes! Girls in STEM!

Posted on by

Yesterday’s online sniping between MPs had to do with a profile of Conservative MP Rachael Harder in the Globe and Mail. In it, Harder (again) bemoaned that she feels the Liberals are trying to push their own version of feminism and added in some garden-variety whinging that the government apparently has it in for Christians (despite the fact that the PM himself has said that he’s a practicing Catholic). But Harder’s “proof” of how the government is pushing their own version of feminism is – wait for it – the fact that they’re spending money to encourage more girls to get interested in STEM careers. Wow. Such ideology!

I will add that part of the Twitter sniping had to do with the fact that the Liberals blocked the attempt to have Harder installed as chair of the Status of Women committee, and once again, nobody has bothered to point out the fact that as critic, it would not only have been inappropriate for her to be Chair, but it would have made zero sense given that committee chairs are supposed to act in a neutral capacity and not vote unless it’s to break a (rare) tie – something that is antithetical to the role of critic that Harder held. And the fact that Andrew Scheer tried to manoeuvre her into the position was a cynical ploy to make the Liberals look like intolerant bigots (and they took the bait), but nobody dares to call that fact out. Instead, we get Harder and her supporters whinging about how mean the Liberals are to her, while Harder herself seems mystified that a party that prides itself on defending the Charter rights of Canadians would have a problem with an adherent to an ideology that would deny LGBT people full equality and which tells women that they shouldn’t have control over their bodies when it comes to reproduction. You can disagree with it, but don’t act like it’s a surprise that they draw a line there.

https://twitter.com/StephanieCarvin/status/1014212083012063232

https://twitter.com/StephanieCarvin/status/1014321593047224321

Continue reading →

Roundup: Barriers and non-solutions

Posted on by

As part of a discussion on Power & Politicsyesterday on barriers women face in politics, there were a few well-worn tropes thrown out there, but I wanted to poke into a couple of the items discussed (much of which I’ve already written about in my book, but a refresher course never hurts):

  1. This needs to be an issue addressed by the parties at the grassroots level and shouldn’t be legislated top-down. Parties are already too centrally controlled, and if you want empowered MPs that are women and those who are from diverse communities, they need to participate from the ground-up rather than be appointed top-down.
  2. The side-effect of quotas, be they de facto or de jure, tends to be that women and minorities are nominated in “no-hope” ridings. We’ve seen this time and again, even from the NDP, who have their “no nomination can be run unless the riding association has exhausted the possibility for an equity-seeking candidate” rule. That rule is often conveniently broken if they think they have a winnable straight, white male candidate, and 2011 is a perfect example of how they loaded a lot of women and racialized candidates in “no hope” Quebec ridings that got swept up in the “orange wave.” Most were not good MPs, and some had never been to their ridings before winning, which is the opposite of how nominations should be run.
  3. The voting system is not the problem – it’s entrenched barriers in the nomination system where not enough encouragement is given to women to run (i.e. until this last electoral cycle, they didn’t recognize that women need to be asked several times before they will consider running, and they may have things like childcare issues that need to be sorted when running). A PR system usually creates some manner of list MPs, where your women and minority MPs come from lists rather than having had to run and win ridings, which creates two-tiers of MPs. This also manifests itself in countries with quotas, and women MPs in places like Rwanda have seats but little power as a result.
  4. We can’t do much more to make our parliament more “family friendly” without hollowing it out even more than it has been. While there are issues with childcare, MPs are not without resources to address it (like hiring nannies) rather than forcing the institution to hire precariously-employed childcare workers for part of the year with no sense of numbers on a daily basis. While 60-day parental leave is not objectionable, remote voting and Skyping into committee meetings is very much a problem that we should not encourage in any way.

Continue reading →

Roundup: Performing partisanship

Posted on by

Andrew Potter put out a very interesting post yesterday about self-help for partisans, given the tone of the rhetoric right now, and it came at a particularly apropos moment given how unreadable my Twitter reply column has become since the publication of my fact-check piece for Maclean’s. And no, it’s not just Conservatives who are sore that their team has been caught out, it’s also an equal number of their opponents who are utterly obnoxious in using the piece to prove something about the Conservatives.

What has really gotten me, however, are the number of partisans whom I’ve worked with, who have been sources for pieces I’ve written that have savaged the Liberal government, who are taking to Twitter to accuse me of bias. And I had to step back from my reactions to realise something that Potter articulated in his piece:

And maybe that’s the big problem — that everyone has stopped arguing with their opponents, and has decided to simply perform for their supporters.

And this is it exactly – they’re not engaging critically with what I wrote or acknowledging that I have a record of being just as critical on the government on very substantial issues (as opposed to cheap outrage and the usual hairshirt parsimony that means nothing). They have to take to social media to denounce me in order to perform their partisanship. And I get it. But it’s really, really disappointing.

But as Potter also points out, this is also reflecting itself in how Parliament is operating these days – MPs aren’t debating with one another. They’re performing for their base, and we can see that in the way that we went from debate to reading speeches into the void, and from QP that engaged on issues to one that is now solely focused on generating outrage clips for social media. Parliament is ceasing to be about debate or ideas, or about governance or accountability – it’s about performing for your base so that you can win a few more votes. And that’s not only sad, but it’s terrifying for what it means for the future. And that’s why I think we need to have a rethink of where rules changes have gotten us, and start reshaping those rules that will force MPs to re-engage with Parliament in the way it’s intended to run, rather than allowing it to further degrade into this puppet show we’re careening toward.

Continue reading →

Roundup: Duffy’s poor arguments

Posted on by

Day two of Duffy’s bid to sue the Senate, and his lawyer came up with some…novel arguments. And it sounds like the judge wasn’t buying many of them. For example, they tried to argue that because PMO was exerting influence on the Senate’s leadership that it should nullify privilege. That’s…creative, and utterly ridiculous. When he tried to argue that the suspension should be invalid because it was done for political purposes, the judge wondered aloud if that meant she would have to call every member of the Internal Economy Committee to testify as to their motives – and no, that wasn’t going to happen she quickly decided. They also tried to argue that because the suspension wasn’t related to legislation that privilege doesn’t apply. But that’s also ridiculous because the ability to discipline its members is among the privileges outlined in Section 18 of the Constitution Act, 1867. So good luck with that.  Oh, and the “indefinite suspension” argument is also void because it wasn’t indefinite – it was until the end of the parliamentary session, and there was a fixed election date, so it would expire at that point regardless. (Also, the Senate’s privileges allow it to expel a member, so arguing that indefinite suspension is tantamount to expulsion is also not a solid argument).

The final argument was a plea to put the Charter ahead of privilege, which would go against previous Supreme Court of Canada rulings that stated just the opposite – that the Charter doesn’t trump privilege, because that would open up a floodgate to litigation against the parliamentary process. There’s a thing called stare decisis, the doctrine of precedent that binds our common law system, and while there are rare cases where it can be challenges, this isn’t one of them. It’s actually quite audacious that his lawyer would make the case, and I’m not seeing any particular argument about how the judge should invalidate a Supreme Court of Canada ruling. So yeah. Good luck to this case, because I really don’t see it going anywhere fast.

Continue reading →

Roundup: Fighting to preserve parliamentary privilege

Posted on by

Senator Mike Duffy’s court challenge started yesterday, and the Senate as a whole fought back to have the Chamber excluded from his lawsuit under the rubric of parliamentary privilege. The Senate’s privileges include the ability to discipline its members – and this needs to be reiterated firmly, because as a self-governing body with institutional independence, that’s the only way that senators can be disciplined outside of a criminal process. This is also why there is a differentiation when it comes to the judge asking the hypothetical about the Speaker shooting someone – privilege does not necessarily cover criminality.

Part of what Duffy’s lawyers are trying to argue was that the Senate’s punishment of his suspension without pay should be subject to judicial review because he was acquitted of all charges by the Ontario Superior Court. The problem is that he was found to have broken several of the Senate’s rules, regardless of what the court found, and the Senate is empowered to deal with those breaches as they see fit – not to mention, it was also about making sure that discipline was seen to be done, which was important for a body that was facing scandal and public outrage. This doesn’t mean that they went about it in the best way, however – the pressure (especially coming from PMO, which the Senate leadership at the time capitulated to) wanted to have these suspensions out of the way immediately, and so Duffy’s interventions were cut short, and Senator Pamela Wallin never got her chance to defend herself at all because of the haste. Due process was not necessarily followed, and yes, that’s a problem. However, that is not a problem that can be sorted by means of judicial review, because that would undermine the Senate’s ability to be self-governing (just like the Senate subjecting itself to external financial control like the Auditor General wants would undermine its privileges and ability to be self-governing).

It can’t be understated how damaging it will be if we let the courts start interfering in the operations of Parliament, in either the Commons or the Senate. The constant injunctions to legislation, the threats of lawsuits, the massive breach of the doctrine of separation of powers – it’s not something that we should mess with. Duffy may feel he was treated unfairly – and maybe he was to an extent – but it’s no reason to start pulling bricks out of the wall when it comes to privilege. And if the judge has any sense, she’ll respect that separation and take the Senate out of the lawsuit.

Continue reading →

Roundup: Fixes to a strained system

Posted on by

An independent report on Canada’s refugee determination system was released yesterday, and it recommends various ways to completely overhaul our system, most drastically that it calls for it to be reformed into an agency that reports to the minister, rather than maintaining the quasi-judicial Immigration and Refugee Board. It’s a recommendation that worries groups like the Canadian Council of Refugees because part of what the strength of the IRB is that it’s a quasi-judicial body, and that ensures that there is much greater due process in the system. It’s not perfect, mind you, but that’s an important value of a system that determines what can be life-and-death situations for refugee claimants to have. It’s not a surprise that the system is under stress, not only because of the influx of irregular border crossers, but because the government has been slow to fill vacancies on the board, which cascades through the system, causing delays and huge stresses for claimants (and their lawyers). And if the government could fill those vacancies and add resources to the system in order to clear the backlogs (which were created when the previous government reformed the appointment process under their watch) that would help, but they’ve been apparently in no rush to do so.

Speaking of the influx of irregular border crossers, Toronto’s mayor is complaining to the provincial and federal governments that they’re maxed out on shelter space for those migrants that have travelled to Toronto and want more help in housing them – after having received $11 million in additional funds from the federal government. Part of the problem is that they haven’t been able to find suitable spaces, and additional money can’t build new shelters overnight.

Meanwhile, CBC has an analysis piece about whether suspending the Safe Third Country Agreement would lead to a massive influx of new claims on our system. The answer is a decided maybe, but what’s not really addressed in the piece is the fact that the Agreement virtually eliminated the practice of asylum shopping, where people would make either simultaneous claims in the US and Canada or would try the other if one was due to fail. It is a problem that strains our resources (which are already strained), and it can’t be discounted as a possible side-effect of suspending the agreement.

Continue reading →

Roundup: Craven and unnecessary

Posted on by

While Andrew Scheer continues his effort to woo Quebeckers to the Conservative cause, he’s apparently decided to start carrying the Bloc’s water for them, and yesterday morning made the “important” announcement that a Conservative government would ensure that there was a single tax form for Quebec. Which…is a problem that the Quebec government created for itself and could put an end to at any time they choose by returning to the federal tax form that all other provinces use. Scheer insists that this is about listening to Quebec, but it’s just a bit more craven than that, and yes, it’s a promise fraught with problems when you get into the details. It’s also interesting to note that his message changed over Twitter over the course of the day, which makes it all the more curious that he seems to be doing this on the fly.

https://twitter.com/acoyne/status/1011262711034867714

https://twitter.com/acoyne/status/1011265775573688323

https://twitter.com/kevinmilligan/status/1011393533343719425

https://twitter.com/kevinmilligan/status/1011397075932549120

https://twitter.com/InklessPW/status/1011433391986655232

https://twitter.com/InklessPW/status/1011433535368937473

Mental health and Hill staffers

A Liberal Hill staffer, Paul Wernick, went public about a second suicide attempt, brought on by crippling depression and the stress of sixty-hour work weeks that life on the Hill is known for. His story makes some very important points that more Hill denizens should beware of – though he quit drinking years ago, there is a culture of drinking at the myriad of receptions that staffers attend with their bosses, and it can serve to self-medicate the stresses of the job, which is where things can get dangerous. There are resources available for staffers, but they may not be aware of them – Wernick says that he wasn’t, which shows that there’s still work to do when it comes to helping staffers out.

Continue reading →

Roundup: Delay for the sake of delay

Posted on by

With Parliament now risen for the summer, The Canadian Press decided to take a look back at the rise in obstruction tactics by the opposition in the last couple of months, and some of it is blatant obstruction for the sake of obstruction. And while a number of the usual pundits decried the piece, I think there are a few things to drill into here – not because I don’t think that there are legitimate uses for opposition obstruction and filibusters (because there certainly are), but what it says about the tone of this current parliament.

There are a few examples cited in the piece about opposition tactics that don’t make sense – the insistence on running out the clock on a six-hour marathon of speeches over the Senate public bill about Latin American Heritage Month that all parties supported (though I’m unsure how, procedurally, a Senate public bill got that many hours of debate because it should have really gotten two under private members’ business), the vote-a-thon tantrum that was cynically designed to simply kill Friday hours rather than make any meaningful points about the Estimates that were being voted upon, or the hours of concurrence debates on committee reports that all parties agreed upon. The piece makes the point that there are concerns that these tactics were designed to force the government to bring in time allocation on more bills in order to get them through, so that they could turn around and accuse them of acting in bad faith after they came in promising not to use time allocation (despite the fact that it’s a defensible tactic under most circumstances).

To a certain extent, this is the government’s fault for coming in trying to play nice and operating under the rubric that all parties can be reasonable and agree to debate timetables. That hasn’t always proved true, and when Bardish Chagger’s proposals around scheduling motions like they use in the UK got shot down (legitimately – it’s not something I would have really supported because it means automatic time allocation of all bills), she warned that time allocation would be used more frequently, and it certainly appears that the opposition parties have dared her to do so with their tactics. But I do find it frustrating as a parliamentary observer that good faith attempts and allowing more debate gets abused in order to try and embarrass the government rather than making parliament work better, and then they can complain when the government has to play hard(er) ball. We already know that the rules in which we structure debate here are broken and need to be overhauled to ensure that our MPs are actually debating rather than simply reciting speeches into the void, and that they in fact can encourage this kind of dilatory behaviour. The measures that Chagger proposed to make Parliament work better wouldn’t have actually done so, but I don’t think it’s illegitimate to shine a light on delay for the sake of delay because it does highlight that there are problems with the rules at present. But we need to get over the kneejerk reactions that calls to do so are about partisan purposes rather than about the health of our democracy.

Continue reading →

Roundup: Equalization, feigned outrage, and outsourced research

Posted on by

Apparently, we’re talking equalisation again after it was “revealed” that the current formula was renewed for another five years in the budget implementation bill and nobody cottoned on to the fact. Err, except that it was right there for everyone to see. And so you have a bunch of performative outrage from the likes of Jason Kenney about how this was the “deceitful scrapping of Equalization Renegotiation talks,” which is of course, utter bullshit but he need to create outrage that will drive his base – because if there’s anything that will be guaranteed to drive outrage in the West, it’s the deliberate lies being spread about how equalisation works in order to make themselves look like the victims in all of this (never mind that even in the depths of the recession they had the highest fiscal capacity in the country, and the fact that they have a deficit because they made the political choice to keep taxes low and not implement a PST in Alberta). But why be truthful and talk about the system honestly when you can foment outrage with lies? Way to go there. Sure, you can make the point that there could have been more public discussions around it, but there were discussions at the federal-provincial level, despite what Kenney claims.

Which brings us back to the issue of whether or not this change in the budget implementation bill was done underhandedly. Obviously the fact that it was a) in the budget; b) in the budget implementation bill for all to see; and c) raised at committee, clearly it wasn’t being hidden very well if that was the intention. Add to that, there have been ongoing consultations at the ministerial level for months, which again, not exactly being done sneakily. Paul Wells dug into the paper trails and found all of the receipts. And yet it’s being decried as having been done in some underhanded fashion. Why? Because the Globe and Mail reported that this was done “quietly.”

https://twitter.com/AaronWherry/status/1010183605581164545

https://twitter.com/AaronWherry/status/1010186623366164480

If this is indicative of any problem, it’s the fact that our opposition parties are not doing their jobs. The Conservatives have long-since outsourced their opposition to the Globeif their QP questions are anything to go by (and confirmed by this latest “outrage”), not to mention the outsourcing of yet more homework to the Parliamentary Budget Officer, and more to the fact, rather than doing their jobs of scrutinising the legislation and the budget, they spent the entire spring session railing about the India trip, inventing much (though not all) of the outrage out of whole cloth, and demanding the “costs” for the carbon tax where much of the data is already publicly available or does not exist where provinces have not yet come up with their plans. But instead, they spent their time trying to invent smoking guns that would “prove” that this government is out to raise taxes to pay for their deficits (again, ignoring that the funds from carbon prices all get returned to the provinces). If you’re the Official Opposition and can’t do your own homework, then what exactly are you doing? You’re in parliament to do a job – not to generate outrage clips for social media. And yet here we are.

https://twitter.com/kevinmilligan/status/1010195426396422144

Continue reading →

Roundup: A diminishing work ethic?

Posted on by

The Senate rose for the summer yesterday after the morning’s royal assent ceremony, which I find to be extremely curious given that they were scheduled to sit for another week and had a whole new batch of bills sent to them when the House rose on Wednesday. You would think that they would want to get started on them, and possibly even pass a few more of them before rising for the summer, but apparently not, and that does trouble me a little bit. We saw this happen at Christmas, and we’re seeing it again now, where the tradition that the Senate sits at least an extra week to get through the raft of bills sent to them by the Commons is being abrogated by Senate leadership that seems less interested in demonstrating that they’re doing the work that needs to be done when MPs take off.

Speaking of Senate leadership, our good friend, the Leader of the Government in the Senate – err, “government representative” sent out a press release yesterday that pat himself on the back for all of the changes to make the Senate more independent, which he equated with making better laws. Why? Well, 13 out of 51 bills in the current session of this parliament were successfully amended by the Senate, so that must mean it’s working! Well, maybe, but it ignores the context that the current prime minister is more willing to entertain some amendments, unlike the previous one. That gives room for the Senate to propose them, but the vast majority of the amendments that do get accepted tend to be technical rather than substantive ones. Not that it doesn’t happen – the government has backed down on a couple of occasions and accepted major amendments (like with the RCMP unionisation bill, which had a Supreme Court of Canada ruling to back up the amendments), but for the most part, the government has resisted substantive amendments to its legislation, so much that you have their new appointees like Senator Pratte openly questioning why the government bothered with creating its “independent Senate” if they’re not going to listen to what it has to say. Not that I’m suggesting that the government should accept every Senate amendment, but there are recent examples where they probably should have, such as with the impaired driving bill that passed this week. There was overwhelming evidence to show that this was almost certainly unconstitutional and would create havoc within the justice system, but the government refused to listen, and senators backed down and let the government reject their amendments rather than insist upon them in the face of such overwhelming testimony. If Harder were really concerned that the Senate was improving legislation, he might not have insisted that once the government rejected those amendments that the Senate back down rather than stand up for some constitutional principles, but he didn’t. Make of that what you will.

Continue reading →