Author Archives: Dale

About Dale

Journalist in the Canadian Parliamentary Press Gallery

QP: Rona Ambrose’s swan song

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With the news that Rona Ambrose was stepping down now confirmed, and Justin Trudeau present for what was likely the only day this week, QP was off and running. Ambrose led off, asking about the report calling to scrap and replace the National Energy Board. Trudeau noted that they have been consulting, and reiterated that they are serious about ensuring that the economy and the environment go together. Ambrose took exception to the report recommendation that its headquarters be moved to Ottawa from Calgary, and Trudeau took a few shots at the previous government politicising the Board while he was working to restore trust in the process. Ambrose worried that Trudeau was trying to choke out the oilsands in red tape, but Trudeau insisted that a responsible approach would mean growing the economy. Ambrose switched to French to demand that the House appoint a new Ethics Commissioner without any Liberal interference. Trudeau jabbed back about political appointments the Conservatives made while touting his own merit-based process. Ambrose noted that the last question would likely be her final one as leader of the opposition, and said she would call off her attack dogs if he answered how many times he met with the Ethics Commissioner. Trudeau reminded her that she asks them not to talk about investigations and he has met with her several times over his time as an MP, and was going to pay Ambrose a compliment before he was drowned out. Thomas Mulcair was up next, raising the reach of a CBC news story about the ownership of the Aga Khan’s island. Trudeau retreated to the talking point that it was a private family vacation. Mulcair railed about the helicopter ride, but Trudeau noted that he would answer any questions the Ethics Commissioner may have. Mulcair then moved onto the story about someone from KPMG working for the Liberal Party, in the context of a committee study of the firm being voted down, and Trudeau noted that the committee is independent. Mulcair pressed, and Trudeau launched into a spiel about ethics and openness.

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Roundup: The curious PCO-PBO turf war

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There is an interesting piece out from Kathryn May on iPolitics about the turf war going on between the Privy Council Office and the Parliamentary Budget Officer, and how that is playing out in the provisions of the budget implementation bill that would create an independent PBO. The PBO blames senior bureaucrats for trying to hobble its future role, and much of it seems to be down to an existential difference of opinion, between whether or not the PBO should exist to give advice to parliamentarians, or to be a watchdog of the government. PCO takes the view that the PBO was designed to offer advice and independent analysis, while the first PBO, Kevin Page, was certainly taking the latter view, which his successor has largely followed suit with. One of the other interesting notes was that the public service would rather the PBO act in more of a fashion like the Auditor General, where he goes back to departments with his figures to check for factual errors, and that it gives them a chance to respond to the report, rather than feeling like they are being constantly “ambushed.”

I am of the view that we run the risk of creating bigger problems if we continue to give the PBO too broad of a mandate, while being unaccountable and only able to be terminated for cause, meaning seven year terms by which they can self-initiate all manner of investigations with no constraints. That will be a problem, given that we already have at least one Independent Officer of Parliament who is going about making problematic declarations and giving reports of dubious quality without anyone calling him to task on it (and by this I mean the Auditor General). And I do think that PCO has a point in that the intent of the PBO was to give independent analysis, particularly of economic forecasts, and I do think that there is some merit to the criticisms that Kevin Page had become something of a showboat and was far exceeding his mandate before his term was not renewed. We have a serious problem in our parliament where we are handing too much power to these independent officers (and other appointed bodies for that matter) while MPs are doing less and less actual work – especially the work that they’re supposed to be doing.

While PCO says that the provisions in the budget bill were to try to “strike a balance” with the role of the PBO, I fear that he’s already become too popular with the media – and by extension the general public – to try and constrain his role, and the government will be forced to back down. Because We The Media are too keen to be deferential to watchdogs (like the Auditor General) and not call them out when they go wrong (like the AG did with the Senate report), I fear that the pattern will repeat itself with the PBO, as it already is with the demands from the pundit class that he be given overly broad powers with his new office. Because why let Parliament do the job it’s supposed to do when we can have Independent Officers do it for them?

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QP: Defence policy concerns

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While Monday attendance is usual for the PM, he was nowhere to be seen today, instead meeting with Muslim leaders from around the country. Rona Ambrose led off, worried that the Trump administration would be able to see Canada’s defence policy before Canadians would. Harjit Sajjan said that because the policy was determined in consultation with allies, it made sense for them to see it first. Ambrose accused the PM of meeting with Americans in secret over it, and Sajjan reiterated that it was done with broad consultation and be fully costed. Ambrose turned to Wynn’s law, complaining that the government gutted it (despite the fact that the legal community was not in favour of the bill). Jody Wilson-Raybould said that they felt for Wynn’s widow and supported the principles of bail reform, but the bill didn’t pass muster. Ambrose accused her of looking out for the interests of lawyers instead of victims (as though it’s not lawyers navigating the new problems the bill would create), but Wilson-Raybould reiterated her response. Ambrose’s final question was to demand support for her bill on mandatory sexual assault training for judges. Wilson-Raybould was non-committal in her response, just talking about the importance of the issue. (Note that after QP, the government voted to ram the bill through without further debate). Matthew Dubé led for the NDP, worried about the possibility of tolls and service fees for projects funded out of the Infrastructure Bank. Amarjeet Sohi reminded him that they could leverage investment while freeing up government dollars for things like shelters and housing. Rachel Blaney railed about the risks associated with the investments, and Sohi noted pensions funds that invest in infrastructure in other countries, while they were trying to get those dollars to stay in Canada. Blaney then demanded guarantees for fair treatment at the US border (as if that will work for the Americans), and Ralph Goodale said that any incidents should be reported so that they had a statistical record but so far the figures were on the decline. Dubé reiterated in French, and Goodale told him to follow up on individual cases with his office.

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Roundup: A couple of thoughts on the BC situation

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Given the (likely) minority government result in British Columbia last week, a number of people have been trying to game out various different scenarios for how this all might happen. Meanwhile, media everywhere are flocking to hear what the Green Party has to say, with their apparent balance of power, while Elizabeth May in Ottawa keep spouting this laundry list of things that apparently 57 percent of British Columbians voted for, despite the fact that there is no actual proof that those voters all voted for those very things, be it electoral reform or stopping the Kinder Morgan pipeline expansion. Nevertheless, when UBC economist Kevin Milligan asked my thoughts, here is what I told him:

https://twitter.com/kevinmilligan/status/863821080124735488

https://twitter.com/kevinmilligan/status/863822647229952000

https://twitter.com/kevinmilligan/status/863823376627912704

I do think the fact that the legislature won’t sit until October is a key factor. BC has always been a bit weird about this, and there has been a lot of wailing and gnashing of teeth from some political scientists over social media that there is a pattern of cancelling the spring session of the BC legislature and few people seem all that bothered about it, while Christy Clark seems to make it sound like it’s such a terrible imposition that they have to bother sitting at all, which is weird and uncool for a democracy.

https://twitter.com/kevinmilligan/status/863822997072732161

There is a burgeoning convention that if it’s been six months, that it’s more likely that the GG or the lieutenant governor will call an election rather than entertain an attempt by the opposition to form government. And what I meant by how leaders perform in the meantime is whether there are any temper tantrums (particularly from the NDP leader, who has been fighting a reputation for being a hothead throughout the campaign), and that will weigh on how the public perceives any kind of government arrangement – we did live through this in Ottawa in 2008, and the fact that Harper mostly kept his cool while Stéphane Dion went apoplectic certainly helped Harper’s case with the general public. As I also mentioned, I have a suspicion that the Greens will try to overplay their hands in trying to get a bigger share of the governing pie, and making a list of demands that may not be saleable to Clark. Of course, the moment that happens, she has ammunition to go back to the voters to say “look at how unreasonable these people are, and they want to destroy the economy, so you need to give me a real majority mandate.” We’ll see if any of this happens, but this is pretty much what I have to say on the matter for now.

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Roundup: Changing the face of the bench

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The Globe and Mail has an interesting read about the way in which the current government is making a concerted effort to appoint more women to the bench as it (slowly) makes its judicial appointments. While the numbers of women appointed are disproportionate to the numbers that have applied, that seems less concerning to me because it has been shown that fewer women will apply to positions like these because they tend to downplay their own qualifications (just as with trying to get more women to run for public office). I also think that the justice minister has a point when she says that part of the reason for so few appointments being made from visible minorities is in part because there are too few applying, and too few in the justice system as a whole. I also look to something that Senator Jaffer said to me in a piece I wrote for the Law Times about the judicial appointments issue, which is that for many of the appointment committees, they don’t tend to look beyond their own boxes when they make recommendations, so we see fewer women and visible minorities being put forward, and that proactive approaches have been shown to be needed in the past. This government seems to be willing to go some of the distance in bridging that gap, but as always, more work needs to be done, and yes, it’s taking far too long in most of the cases.

What does bother me is the notion that by appointing women and minorities is that this is simply about quotas, and it’s the exact same things we’ve been hearing in the past couple of weeks with regards to people making their evaluations of the federal cabinet, and the quiet clucking of tongues when they go “rookie, diversity hire, not very competent.” Never mind that in many cases, much of the judging is harsh, unfair to the person or the situation they were put into, or deliberately misconstrued to present a worse picture than what actually happened (such as with Maryam Monsef). Never mind the fact that if none of these people are given a chance as rookies, they won’t actually get experience. And yes, some of them are performing poorly (and even more curiously, the ones who I think actually are having problems are the ones who are never the ones being written about). But hearing the constant quota refrain is getting tiresome to read about.

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Roundup: Not a real QP fix

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Earlier in the week, the NDP put a motion on the Order Paper that they plan to use for a future Supply Day. The text of it, presented in the NDP House Leader Murray Rankin’s name reads as thus:

May 9, 2017 — Mr. Rankin (Victoria) — That Standing Order 11(2) be replaced with the following: “The Speaker or the Chair of Committees of the Whole, after having called the attention of the House, or of the Committee, to the conduct of a Member who persists in irrelevance, or repetition, including during responses to oral questions, may direct the Member to discontinue his or her intervention, and if then the Member still continues to speak, the Speaker shall name the Member or, if in Committee of the Whole, the Chair shall report the Member to the House.”

As Kady O’Malley points out, this would actually be a binding Supply Day motion, as it involves the Commons moving changes to its own rules, and the effect of which is to give the Speaker much more power to police answers given by enhancing the orders around irrelevant or repetitive answers. And on paper, it sounds great. I’m just not sure that this will work in practice.

For starters, this is attacking a mere fraction of the actual problem that we face in the House of Commons. It’s not just the answers that are lacking – it’s the questions (which are as repetitive and irrelevant as the answers), and in many cases, they’re not actually questions, but meandering speeches disguised as rhetorical questions, or non sequitur accusations for which there can be no answer. Empowering the Speaker alone will not solve the problem – the whole ecosystem in the House of Commons needs to change, which means banning scripts, loosening up the clock, and doing away with the established speaking lists. The rigid structure and scripted nature is now all about creating a buffet of media clips, and simply empowering the Speaker to compel answers by means of naming and shaming is not going to fix the underlying problems.

The second problem is that this is something that can very quickly be abused. In fact, you can guarantee that if this were implemented that the very first series of questions that the Opposition would ask would be a trap for the Prime Minister – as much of a trap as their constant questions on Wednesday about the Ethics Commissioner investigation were. That Trudeau refused to step into said trap was a political calculation that has endeared nobody in the whole sordid affair, and everyone came off looking petty. Compelling the PM to walk into traps on a daily basis will quickly become a major problem.

A third major concern is that enforcement of this rule change is going to cause all manner of problems if the opposition doesn’t see the Speaker enforcing this to their liking. Accusations of favouritism or partisanship will soon flow, and there will be tears and recriminations. Nobody will win. So while I appreciate the sentiment of this motion, and would agree with it to a very limited degree, until we get the bigger and more important changes, this simply becomes a bigger problem than the one they’re trying to solve.

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QP: Infrastructure Bank blues

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It was a grey day in the Nation’s Capital, and outside of the Centre Block, the lawn was littered with Catholic high school students bussed up to the Hill for the March for Life, with a couple of Conservative leadership candidates in the mix. Rona Ambrose led off, concerned about potential waste and duplication created by the Infrastructure Bank, and cited a KPMG report that the government commissioned (highlighted by a Globe and Mail story, of course). Amarjeet Sohi defended the Bank as delivering funds after a decade of inconsistent investment by the previous government. Ambrose suggested that the Bank was simply giving money to billionaires, but Sohi insisted that they were delivering for communities. Ambrose tried a third time, but Sohi listed possible projects the Bank could fund. Alain Rayes picked up the line of questioning in French, considering it “Sponsorship Scandal 2.0.” Sohi carried on with his points about what it could fund. Rayes railed about redacted documents around consultations conducted about the Bank, but Sohi insisted that the documents given to investors were all online. Matthew Dubé and Rachel Blaney worried about tolls associated with projects funded by the Bank in both official languages (Sohi: Your party has no plan for infrastructure), and then both turned to the KPMG report (Sohi: Here are some Canadian funds who want to invest in infrastructure).

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QP: Refusing an answer

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On a busy caucus day, with most of the benches full, it was a question as to how much cheap outrage would be wrought in QP. Rona Ambrose led off, railing about the Infrastructure Bank, to which Justin Trudeau insisted that people were eager for infrastructure investment. Ambrose moved onto Bombardier and the loan given to them despite the misgivings about their governance. Trudeau noted that they gave a repayable loan I order to guarantee good paying jobs. Ambrose changed topics again, denouncing government plans to gut a private member’s bill on bail reform (which, I will note, the legal community is against), and Trudeau insisted that he felt for ten widow of the constable the bill was named after, which was why he was pleased the committee took the study of the bill seriously. Ambrose was outraged, but Trudeau reiterated his response. Ambrose gave it an angry third try, but didn’t get a different response. Thomas Mulcair was up next, worrying about media reports that a former Ontario Liberal cabinet minister was going to be named as the new Official Languages Commissioner. Trudeau noted that there was an independent process, but didn’t confirm or deny the story, only that there would be an announcement in the coming days and weeks. Mulcair tried again, got the same answer, and then moved onto the job postings for the Infrastructure Bank, which has not yet been created. Trudeau simply talked about the need for new infrastructure, but didn’t address the concerns. Mulcair railed about the problem, and Trudeau noted the broad consultations that they undertook with the design of the Bank.

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Roundup: Exit Meredith, at long last

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It is perhaps not entirely surprising, but it seems that soon-to-be former Senator Don Meredith had the tiniest shred of shame left in him after all, and he announced yesterday that he would be resigning from the Senate. Well, sort of. He wrote a letter where he implied that he was resigning but didn’t actually say it, and made himself out to be a hero for not putting the Senate through a Constitutional challenge around its powers to expel a member. It took calls to Meredith’s lawyer to confirm that yes, he was resigning, and then more calls to confirm that yes, the letter stating that had been sent to the Governor General (who has to get it and then inform the Senate Speaker of that fact) but just hadn’t arrived during the evening political shows.

https://twitter.com/aballinga/status/862014100506890241

So now there are a couple of questions remaining. One of them is what happens to the two ongoing investigations into harassment in his office, which would normally be suspended given that they are considered moot given that he’s no longer there. That could change, however, if the Senate Ethics committee decides to let them continue in order for everything to be aired. Given the current mood, that may still happen.

The other question, and we’ll hear no end of sanctimony about it, is about Meredith’s pension. That’s the one thing that most reporters immediately glommed onto yesterday, because of course they did. Apparently, Treasury Board gets to make this call, and they’ve apparently reached out to PMO on the issue, so I’m sure we’ll get some kind of a political determination around it within a couple of days. At that point, we’ll see if Meredith decides that it’s a fight he wants to take on, despite the fact that he’ll have popular opinion against him. He may, however, have the law on his side, but more to the point, the desire to preserve one’s pension has been a driving force for getting bad actors to resign gracefully. Taking that option away will disincentivise future bad actors to do so, which is a bigger problem long-term than the public outrage about this one public figure.

https://twitter.com/pmlagasse/status/862110036952272896

Meanwhile, this means that the Senate’s powers to expel one of its own members will remain untested, which isn’t necessarily a bad thing. I’m not sure that it’s preferable for them to have gone ahead with it, even as a test case, given the historical message that it sends. Regardless, here’s James Bowden laying out the case for why the Senate does have the power to expel its own members, should it become necessary once again in the future.

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Senate QP: Rapid-fire Sohi

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Fresh from a vote in the House of Commons, Infrastructure Minister Amarjeet Sohi headed over the the Senate for their own Question Period. Senator Smith led off for the Conservatives, asking him how the government is determining priorities for their infrastructure programme. Sohi acknowledged that when they formed government, there was a lack of data on the infrastructure needs around the country, which is why they put their initial focus on repairing existing infrastructure while they got the longer-term plan underway. Smith asked when they anticipated getting their data out to Canadians, and Sohi said that once the budget implementation act was approved, he would sit down with provinces to work with their reporting to match federal standards, given that it was all a series of bilateral agreements.

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