Author Archives: Dale

About Dale

Journalist in the Canadian Parliamentary Press Gallery

Roundup: A commissioner’s overreach

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Forgive me for going super parliamentary wonk for a minute, but this Colby Cosh column in the National Post has me a bit inspired. The issue (and I suggest you read the piece first) is about how interim PC leader Ric McIver was fined by the province’s ethics commissioner for asking a question in QP that could be seen to relate to his wife’s business and basically asking the government for things that could benefit said business. It was later pointed out that only the Speaker can censure a member for things they’ve said, and McIver is launching a court challenge to that effect.

As an officer of parliament, can the commissioner punished an MLA when he’s protected by parliamentary privilege? I’m not actually sure that she can because typically such a commissioner’s ambit is the behaviour of a sitting member when it comes to things like accepting gifts, or ensuring that there are no conflicts of interests in dealings, but I have yet to hear a reasonable case why speech in the Chamber would be covered under that. After all, if he’s asking questions that relate to his wife’s business, then it should be the job of the government to point that out in their responses. This is why they have research departments, after all ­– to fight fire with fire when necessary. Having the premier point out that he seems to be asking for his wife’s benefit would likely embarrass him out of pressing the matter, no? No need for an independent officer of the assembly to step in there.

But I’m also bothered by the fact that this is going to a court challenge, because that’s straying awfully close to that line around interfering in the operations of the legislative branch of government, and parliaments are self-governing. That’s kind of the point – subjecting them to the courts would basically put the Queen back in charge of things, which is not what anyone is after. I’m not sure that a judge should be figuring out the rules of the assembly when it comes to the powers of the commissioner on their behalf. If there is a grey area around what the commissioner’s powers are, it should be up to the assembly – whom the office of the commissioner is a creature of – to make that determination. Anything less is unacceptable when it comes to the supremacy of parliament, which is kind of a big deal, especially when we’re seeing the Auditor General federally trying to over assert his own power in regards to the Senate. We don’t need a bad precedent being set in Alberta that would have terribly ricochet effects elsewhere in our confederation.

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Roundup: A reasonable plea for restitution

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Retired Senator Sharon Carstairs is looking to be reimbursed for some $80,000 in legal fees after being caught up in the Auditor General’s report on expenses, and it’s a tale that exposes how shabbily many senators were treated in the wake of that report. To recap, that AG report essentially made up a bunch of rules that did not exist, particularly around how many days a year constituted “primary residency,” which Carstairs got caught up in. And in a rush to show the public that they were taking this report seriously, the Senate turned over the report directly to the RCMP, and Carstairs was left trying to keep her reputation intact, hence retaining counsel and trying to explain that she hadn’t broken any rules.

What needs to be repeated again with this story is just how problematic that AG report was. When the Senate later retained its own counsel to go over that report to see if they should try to sue any of the senators who had refused to repay or seek arbitration for the identified sums (which included Carstairs), that legal review laid bare the arbitrary rules that the AG imposed as part of his review, and essentially how shoddily it was done. And I know several senators who simply opted to pay back the sum rather than keep fighting it because they wanted it to go away – Carstairs refused, and it looks like she’s going to be punished for it, whether financially with the loss (the maximum reimbursement for legal fees under Senate rules is generally $25,000), but also with the loss of reputation. I would hope that the Senate has had enough time since the audit that they can now revisit this case and offer the apology and what restitution they can, and admit that they were hasty in their actions because they were trying to appease a public that was baying for blood post-Duffy, for what good it did them. I would also hope that more of my media colleagues would also start calling out the AG for the problems in his report when cases like Carstairs’ come up again in the media, but I suspect that won’t happen, as we pay far too much deference to him as being untouchable and infallible, when clearly that’s not the case.

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Roundup: A mystifying new delay

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It yet another attempt to throw a spanner into the workings of the legislative process trying to bring genetic privacy legislation to fruition in this country, the government has decided to hold yet more consultations while they simultaneously are attempting to gut the bill at report stage, despite the objections of the Senate (which passed the bill originally) and the Commons justice committee, which studied the bill, heard from witnesses, and gave it an all-clear.

Jody Wilson-Raybould is suddenly brandishing letters from three provinces who have “concerns” about the constitutionality of the bill, despite the fact that they never objected in the years – and I will stress years – that this bill has been wending its way through parliament, both in the previous parliament and the current one. Seven provinces indicated support, and there are legal and constitutional scholars that have testified that the mechanisms in the bill are perfectly sound and within federal jurisdiction. None of this should be in dispute, but for as much as the government professes to care about this issue, the fact that they are quick to try and gut the bill and leave it up for a patchwork of provincial laws for the insurance component of genetic discrimination – which is a very big issue – it’s mystifying. I have heard grumblings that the only kinds of bills that they favour are their own, which I get, but at the same time, this is a piece of legislation that has already withstood a great deal of scrutiny and is something that is critically needed, as we are the only western country that doesn’t have these kinds of protections. With any luck, the Liberal backbenchers are going to push back on the attempts to gut the bill and it can move ahead, but right now, the constant delay is lacking coherence.

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Senate QP: A slow-moving tsunami

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While the Commons and Senate calendars are out of sync, the Senate is sitting this week while the Commons is not, and we still had ministerial QP in the Senate today, with special guest star, health minister Jane Philpott, this being her third appearance before the Senate. Just before things got underway, the Speaker noted that the leaders had agreed to tweaks on the order of questions, and cutting down on the number of supplementals asked in order to get more questions in. Senator Carignan led off asking about the plans for legalised marijuana, worrying that they were not following evidence-based policy especially around the risks. Philpott said that despite appearances, there are a number of gaps in knowledge around cannabis and praise the work of Anne McLelland’s panel. She also noted that because the largest number of pot users are younger people, they need to keep that in mind in the legislation they draft.

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Roundup: Nomination shenanigans?

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It looks like there are some shenanigans in Liberal nomination races for a couple of those upcoming by-elections, and as many a pundit has been saying today, Liberals gonna Liberal. And you can pretty much chalk this up to one more great big disappointment between the lofty Liberal rhetoric about valuing open nominations and then doing shady things like they have with the nominations in both Saint-Laurent and with Markham-Thornhill.

Part of what doesn’t make sense from an optics perspective is the sudden rush to call the last two by-elections for the two most recently vacated seats. In both Ottawa-Vanier and the two Calgary seats, there has been plenty of lead-time and nominations happened with nary a peep, but in the last two, the sudden rush has meant problems. With Markham-Thornhill, they retroactively cut off membership sales, which is presumed to help the “chosen” candidate, former PMO staffer Mary Ng. Ng’s campaign says they lost hundreds of registered members too, but again, this is about optics. Meanwhile in Saint-Laurent, a current Montreal borough mayor was declared not to have passed the green-light committee but they refuse to say why, which is seen as clearing the path for “star candidate” Yolande James (though there is still one other candidate, so it’s not an acclamation). But while they may have reasons for not greenlighting said borough mayor, the fact that they refuse to say why is again a nightmare for optics when this is supposed to be the party of openness, transparency and open and fair nominations.

Part of why this is such a disappointment is because we really need to push back from party leaders’ interference in nomination races if we want to restore the balance in our politics. That’s not to say that there shouldn’t be safety mechanisms in the event of hijacked nominations (because there absolutely should be), but those mechanisms shouldn’t be the leader’s office. A strong grassroots is essential in our system, and with every time that the leaders and their offices interfere (because they feel emboldened to thanks to the bastardized system of leadership selection that we’ve come to adopt and go full-bore on at every single opportunity), we choke off the most fecund part of our democracy. Shenanigans and the apparently hypocrisy of proclaiming open nominations while appearing to play favourites undermines the bottom-up practice of politics, and it’s something we as Canadians need to push back against in every party.

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Roundup: A jobs crisis report rooted in fancy

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The Conservatives released their Alberta Jobs Taskforce report yesterday – a make-work project to make it look like they were paying attention to the plight of the province’s resource-driven downturn, never mind that it wasn’t going to actually do anything because they’re not in government. The eleven recommendations that it came up with were…ambitious. I won’t say magic (such as the Ontario NDP’s Hydro plan, also released yesterday, relied on), but I will say that it relies a lot on wishing and hoping instead.

To start off with, the top recommendation is to eliminate the proposed carbon tax – which is provincial jurisdiction, not federal, to be clear – and to reduce corporate and small business taxes along with reversing CPP contribution increases. These are typical Conservative bugaboos, so it’s not a surprise we would see these recommendations. “Reducing red tape” for resource projects? It’s like the Conservatives forgot that when they tried to do that when they were in office, it backfired on them and created even bigger headaches as the lack of due diligence, particularly around dealing with First Nations, landed them in court numerous times. Encourage retraining? Provincial jurisdiction. Review EI to “improve efficiency”? You mean like their ham-fisted attempt at doing that a couple of years ago that cost them every Atlantic Canadian seat that they had? Recommendation five is particularly interesting because it calls on both a) reducing red tape for starting small businesses while b) creating tax credits to hire unskilled workers. Ask any small business and they’ll tell you the worst red tape is the complex tax code, so asking for the creation of yet more tax credits is to work against the first demand. Coherence! Implement programs to encourage hiring of recent graduates (sounds like big government), while increasing financial literacy across Canada? Erm, how does that actually help youth? I don’t get the connection. Lower interprovincial trade barriers? Well, considering that every government has tried doing that since 1867, and that the Conservatives didn’t make any tangible progress in their nine years in office, I’m not sure that Alberta hurting now is going to suddenly fixate everyone to solve that problem. Adjust domestic policy to the new Trumpocalypse reality? Seriously? There is no policy coherence coming from the States, so how can Canada “adjust” to it? Reform credentials-matching for new immigrants and the Temporary Foreign Workers Programme? Again, if it were easy, the Conservatives would have done it when they were in power. And finally, balance the budget? How does this solve Alberta’s job woes? Oh wait, it doesn’t. It’s just yet another Conservative bugaboo that they’re trying to hit the government with, using Alberta’s jobs crisis as the cudgel.

I’m sure that they spent time on this, but honestly, I’m less than impressed with the suite of recommendations. The lack of coherence and insistence that nigh-intractable problems should be solved now when they haven’t been for decades is more than fanciful.

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Roundup: The “good parts” of populism?

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I will confess that the eleventy different appearances on every conceivable political show over the past week by Preston Manning to coincide with his eponymous institute’s networking conference over the weekend has had me a bit preoccupied. Everyone is eager to talk about the rise in populism, and whether Trumpism will make its way to Canada in a more visible form (not that we haven’t seen in here before already, with Rob Ford as the most obvious example), but what gets me is when Manning starts waxing about harnessing the “good parts” of populism rather than the ugly side that has led to things like Brexit and the Trumpocalypse, and he goes on at length about history of prairie populism and how he perceives that to be a positive thing. Granted, his particular perspective on that is more than a little biased, considering that his father’s brand of prairie populism made him premier of Alberta for a number of years, and Manning’s crafting that into the Reform Party got him to Ottawa for several more years. But reading some of the accounts of some of that prairie populism years later – in particular this account of the rise of the CCF in Saskatchewan and how they became another craven political party by the time of Tommy Douglas’ provincial demise – makes me think of growing up gay in Alberta, where that “prairie populism” left its mark in a province that was far less socially progressive and with parties that were less willing to be so, being dragged kicking and screaming to the Supreme Court of Canada. I didn’t grow up seeing the “good” side of prairie populism, which is why I struggle to reconcile with Manning trying to find the good parts of populist sentiment to embrace. I am having a hard time trying to find the “good parts” of breeding cynical distrust in institutions, and this narrative of “pure” people versus “corrupt elites,” and in waging wars against the media that follows that narrative’s lead. You wouldn’t think that politicians would want to play with the fire that is distrust, and yet they keep reaching for the lighter. I think Manning may be playing things a bit too optimistically, and may be a bit too naively, for my comfort level.

Chris Selley looks at the Manning Conference and some Conservative behaviour in recent weeks, and wonders if the party no longer stands for anything other than a series of shared grievances as opposed to some actual policy or ideology. (One could argue that they ditched ideology a while ago and have simply become right-flavoured populists, made most especially manifest when they went ahead with the GST cut that every single economist told them not to do). Kady O’Malley leaves us with a warning about drawing too many conclusions based on the Manning Conference’s schedule alone rather than the discussions that people were having on the floor of the event, which not only saw some of its biggest draw ever, but also seemed to be very much more about the leadership race than it was about those panels about “radical Islamic terrorism” and so on.

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Roundup: Manning and the Populists

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It’s the Manning Centre conference here in Ottawa, which is the “conservative Woodstock,” as they say, and is pretty much were all of the small-c conservatives come to network, only this year, in the midst of the Trumpocalypse happening south of the border, the flavour of this year’s conference has changed, with much more pandering to the fringe elements, catering to overblown fears of Islamic terrorism and the kinds of populist demagoguery that are suddenly in vogue. Oh, and all fourteen Conservative leadership candidates are also there, and hey, they had a little debate, which allowed them a bit more freedom to actually debate in small groups, but most of it was still their canned talking points, so take it for what it’s worth.

As for conference programming, here’s Kady O’Malley’s recap of the first half including Preston Manning’s speech, and her assessment that fears of a Trumpist takeover appear to be more overblown, as many of the demagogic panels have had less than spectacular attendance. John Geddes recaps the moments of the leadership debate that had the biggest sparks. Geddes also has a conversation with Manning about populism and how it’s shaping debates right now.

Andrew Coyne warns Conservatives at the Manning Conference about the siren song of populist demagoguery. Chris Selley looks at that demagoguery up close in the panel on the “Islamist extremist menace” at the Conference, calling it bonkers. John Ivison looks at the dynamic Kevin O’Leary is bringing to the Conference and the race, and the outsized role he is starting to play, building an “Anyone but O’Leary” vibe. Paul Wells notes the changes in the Conference’s tenor over the years as a result of the political culture of followership, eager to imitate the perceived leaders of their pack.

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Roundup: Estimates still a mess

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The Main Estimates were released yesterday in advance of the budget, and if you don’t know why this is a bad thing that keeps happening, then you need a better understanding of why this is such a big deal in our parliamentary system. The Estimates are the way in which parliament authorizes the government to spend money, and they should be there for MPs to scrutinize before the money goes out the door. The problem is that we’ve divorced the estimates from the budget cycle, which means that they are now documents that reflect the status quo of the previous year rather than any new measures, and we have to wait for the Supplementary Estimates to be tabled later in the year. With the Main Estimates reduced to a formality, it’s reduced any study of the Supplementary Estimates to a kind of shrug and quick vote to pass, leaving the Senate to do any actual scrutiny, which is a problem. Why? It’s the job of MPs to hold government to account by controlling the public purse – hence the Estimates – and if they can’t do that, they can’t do their jobs. To make this worse, successive governments have allowed the accounting of the Estimates to become virtually unreadable, and when the Public Accounts are released a year later – which shows how that money was spent – they’re reported in a different accounting system, so you can’t really track if money was properly spent or not. It’s an abomination to how parliament is supposed to work (and yes, this is one of those things I talk about in The Unbroken Machine).

To their credit, the Liberals have vowed to fix this, and Scott Brison seems to be at least showing a bit of contrition and frustration that fixing this is taking so long. Part of this is bureaucratic, with departments not speeding up their processes. Part of this is political, where the Commons hasn’t amended the Standing Orders to allow the Estimates to be tabled by May 1st instead of March 1st so that it can follow the budget. But seriously – this is actually the most important job of MPs, and they have shown a complete disregard for this for years now. Their most fundamental duty is to control the public purse and the Estimates are the heart of that process, and they can’t be arsed to take them seriously. Watching them speed through Estimates votes without proper scrutiny happens more often than not, and we saw last year a case where they voted through a flawed version of the bill that the Senate caught and had to send back. It’s a disgrace, and while I applaud Brison for trying to make changes, the fact that the rest of the Commons can’t get on board is utterly shameful.

Meanwhile, Bloomberg has a good look at the country’s fiscal picture in the lead up to the budget, while Paul Wells gets more hints about the budget, which looks to be a lot more wait-and-see given the unfolding Trumpocalypse south of the border.

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QP: Vote for my bill

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Despite being in town (and just having a completed a call with the White House), Justin Trudeau was absent for QP today, for which I will scowl. Thomas Mulcair was still away as well, part of the GG’s state visit to Sweden, leaving only Rona Ambrose the only major leader present. She led off, trolling for support for her private member’s bill on mandatory sexual assault training for judges — something that is not asking about the administrative responsibilities of the government. Jody Wilson-Raybould said that it was an important topic and that she would review the bill as it came to the Commons. After another round of asking in French and repeating the answer in English, Ambrose raised the case of Justin Bourque to demand that consecutive sentencing laws remain in place. Wilson-Raybould reminded her that they are conducting a broad-based review, and that there are already the highest mandatory penalties on the books for murder. Ambrose asked about that Chinese company that bought that nursing home chain and wondered if they figured out the ownership yet, but Navdeep Bains repeated this assurances from yesterday about the review of the sale. Ambrose finished off her round asking about the government refusing to release information on their carbon price cost projections, and Catherine McKenna reminded her that there are also costs for not tackling climate change. Nathan Cullen led off for the NDP, spinning a small conspiracy theory about fundraising by the chairman of Apotex, for which Bardish Chagger reminded her that the Lobbying Commissioner found nothing amiss. Karine Trudel asked the same in French, got the same answer, and then spun another question about the government’s ethics, and Chagger reiterated her same points. Nathan Cullen then railed about the government caring only about billionaires and not average Canadians, and Chagger chastised him for ignoring the ways in which the government has been listening to Canadians.

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