Author Archives: Dale

About Dale

Journalist in the Canadian Parliamentary Press Gallery

Roundup: Senators get their funds

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In case you missed the news, the new Independent Senators Group got core funding to hire staff to help coordinate independent senators’ activities and logistics. This came around the same time that they managed to strike a deal when it comes to getting more independents on committees without waiting for a prorogation to hit the reset button as the rules would otherwise dictate. Why this matters is because it allows the ISG to effectively organise their own members, to help them hire staff and do things like that – efforts which Government Leader – err, “representative” Senator Peter Harder has been attempting to bigfoot with his own offers to help these senators get staffed up and offering briefings and assisting in legislative coordination and so on. The fact that he represents the government and has been sworn into the Privy Council – regardless of his protestations that he’s independent because he’s actually not (you can’t be both an independent and represent the government – it’s like being half-pregnant) – makes this a blow to actual independence that these senators are supposed to be exercising. Giving the ISG the funds to do that on their own is an important step. Of course, the same piece mentions that Harder plans to move motions in the Senate in the spring related to his ability to restyle his title as he wishes, and that I have a problem with. This particular semantic game that he and the Trudeau government are playing around his role is a very big problem when it comes to how the chamber operates in our Westminster system, and Harder playing silly buggers with what he calls himself in order to cloak his role with the government is a problem. He and this government need to drop the charade and just come clean – Harder should be a cabinet minister in keeping with the role, and be the point of contact for accountability in the Senate. Playing games around it weakens accountability and the duty of the Senate in that role.

Meanwhile, with the appointment process for six upcoming vacancies having been announced, we also got the release of the report on the statistics from the previous round (highlights here). Maybe this time we’ll see an appointment from Southwestern Ontario, a new LGBT senator or even someone from outside of the social sciences!

Finally, Senator Denise Batters appears to have broken the rules to record a video in the Senate Chamber, accusing Trudeau of authoritarian tendencies in trying to destroy opposition in the Senate. While her basic premise – that there is a movement to shut down the position of Official Opposition in the Senate – is correct and concerning, Batters cranked it up to eleven in being completely overwrought about it, and does more harm than good to the issue. I’m not sure how much the move to weaken Official Opposition in the Senate comes from Trudeau or from Harder and his particular vision of Senate “independence” where he can co-opt the independents to his causes, but that remains a concern that I’ve heard from not only the Liberals and Conservatives in the Senate, but a couple of the independents as well. But this kind of stunt doesn’t help.

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Roundup: Chagger on fundraising

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Government House Leader Bardish Chagger talked to the Huffington Post, and the headline had all of my media colleagues grasping for their pearls as she declared that the House of Commons was not the place to discuss Liberal fundraisers. And if I’m going to go full pedant on this, she’s right – to an extent. On its face, fundraising is party business and really nothing to do with the administrative responsibility of the government. Why this current round of eye-rolling nonsense around so-called “cash for access” fundraising (which isn’t actually cash for access in the sense that we got used to talking about with Ontario) is because the opposition is trying to link those fundraisers with conflicts of interest from the government, all based on insinuation with no actual proof of quid pro quo. But because there is this tenuous connection, the questions are being allowed, and they get to make all manner of accusations that would otherwise be considered libellous before the cameras under the protection of parliamentary privilege. Indeed, when Ambrose accused the government of acting illegally with those fundraisers, Chagger invited her to step outside of the Chamber to repeat those accusations. Ambrose wouldn’t, for the record.

Where this might resonate are with memories of the previous parliament, with endless questions about the ClusterDuff affair, and the operations of the Senate, and those various and sundry questions that came up time and again, and which were rarely actually about things that were the administrative responsibility of the government. And every now and again, Speaker Andrew Scheer would say so. But contrary to the opinions of some, this wasn’t something that Scheer made up out of thin air.

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In fact, Scheer was too lenient for many of these questions, and there are sometimes that I think that Regan is even more so. Most of the NDP questions asked during the height of the ClusterDuff affair were blatantly out of order, asked for the sake of grandstanding. That the questions with the current fundraising contretemps have made this tenuous link to government operations and decisions is the only thing that makes them marginally relevant to QP. That said, the hope that this will somehow tarnish the government or grind down their ethical sheen generally depends on there being actual rules broken or actual impropriety, which there hasn’t been. Meanwhile, a bunch of issues that the opposition should be holding the government to account for are languishing because they need to put up six MPs a day on this. But hey, at least they’re providing clips to the media as opposed to doing their jobs, right?

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Roundup: No health deal with the provinces

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So that was that. The federal government came to the table yesterday with some more money for health transfers plus another $11.5 billion over ten years for targeted priorities, and the provinces balked, so there’s no deal and the federal government is sticking to the existing 3 percent or GDP growth (whichever is higher) escalator. But really, the whole thing was a bit of a charade to begin with.

Andrew Coyne pretty much savaged the whole affair over the Twitter Machine all day, and he’s certainly not wrong about any of it.

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So both Bill Morneau and Jane Philpott say that they’re willing to work on ways to help the provinces, but Morneau went into it basically saying they’re in the middle of writing the budget, so now is the time. They said no, so that may be it. Well, except that New Brunswick is saying they’re open to a bilateral deal, because with their stagnant population growth, the current escalator is a lot of money for them. Will this shame other provinces into signing on, or at least enough that the rest will start looking foolish for rejecting it out of their ritualized Busting of the Gaskets? I guess the next couple of weeks will tell. Incidentally, Justin Trudeau seems to be having difficulty in remembering just what was promised on funding during the election, for what it’s worth.

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Roundup: The problem with measuring parliamentary productivity

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Every year around this time, we get the series of articles trying to measure just how “productive” parliament has been, and it uses metrics like how many votes passed – as though that were the sole function of an MP.  And while Aaron Wherry tried to challenge this particular metric of parliamentary productivity, I thought that I would add a few added bits of context. For starters, a number of the bills passed by the Conservatives late in any parliamentary sitting would be some small and very narrow bills to do with something like legislating changes to a particular federal park whose boundaries they expanded (and called it an environmental programme), or specific one-off changes that deal with particular First Nations. They would introduce these bills, let them languish on the Order Paper, and then just before the Commons was set to rise for either winter or summer break, they would pass them at all stages with pretty much no debate or committee hearing, citing them as uncontroversial, and off they would go to the Senate, where they tended to at least get a few hours of debate. Bills like these helped to inflate the numbers that the Conservatives would then cite to “prove” just how productive they had been, when in reality, so much debate time got swallowed up by the need to constantly debate and vote on time allocation motions.

Meanwhile, has this particular government been slow on their legislative agenda? Hell, yes. The fact that Bill C-7 on RCMP labour relations went the entire fall sitting without being brought back for debate after the Senate amended the bill last June is concerning. This was a bill that was in response to a Supreme Court of Canada decision that was granted a brief extension by the Court (around the same time as the assisted dying legislation) and the fact that said deadline expired months ago is a problem. I really don’t know why Bill C-32 (equalising the age of consent for gay sex) hasn’t been brought up for debate yet because the bill is a no-brainer and could (and should) pass with a mere few hours of debate, and yet it’s been sitting there for a month. There are customs and pre-clearance bills that have been sitting on the Order Paper since June, which you think would be important to a government that is looking to try to eliminate barriers to trade with the United States. I’m not sure why the House Leaders are having difficulty in getting these bills moved forward. So while I do think that trying to measure the effectiveness of a parliament by the number of bills passed is a bogus measure, it doesn’t mean that there still aren’t bills that they should have moved on months ago.

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Roundup: Not offering excuses

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Justin Trudeau has been making the media rounds over the past few days, and some of the highlights of yesterday’s interviews were how he warned the now-former Italian prime minister that referendums were a bad idea because they give people a licence to lash out at institutions – and they did in that case, and said PM resigned. He also spoke about his “friendly-ish” phone conversation with Donald Trump, the inedible lunch served at a Paris climate conference event, and that he hasn’t yet decided if RCAF001 will be replaced anytime soon. And then there are the fundraising questions. His response was that he’s followed all of the rules, and that this hysteria (my word, not his) is largely a result of opposition and media frenzy than anything substantive. And he’s not really wrong.

And as if summoned, former advisor to Stephen Harper, Tom Flanagan, appeared in the Globe and Mail to remind everyone that these kinds of fundraisers are the exact same thing that Harper and company did when they were in office. The problem, of course, is that Trudeau promised not to have the “appearance” of conflict, but I always bring it back to defining what the appearance is, because I am still waiting for any evidence that would lead one to actually think there is an appearance of conflict and I remain unconvinced. Indeed, when the Globe came out with yesterday’s screaming headline that Liberal donors were invited to a dinner for the Chinese premier, I’m not seeing any evidence that they were invited solely because they were donors – indeed, most of the names highlighted seemed to be invited because they have business interests with China than there being proof of quid pro quo. And as someone else pointed out on Twitter, did anyone thought to compare how many of the people that Stephen Harper took on his trip to Israel were Conservative donors? Or do they not count because when Stephen Harper rode into power in 2006 on the white horse of accountability that he didn’t make the promise of “appearance” of conflict that is being generously interpreted? Have we not finished hoisting Trudeau on his own petard long enough, or do we need to go full Yellow Peril with all of the insinuations about Chinese connections, while continuing to poison the well when it comes to our faith in political institutions?

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Roundup: For fear of Mary Dawson

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It was a day of juvenile finger-pointing as the big headline from the Globe and Mail was that the Ethics Commissioner said that she plans to speak to Justin Trudeau and Bill Blair about allegations that certain fundraisers may have breached conflict of interest laws, based entirely on innuendo from the Globe (which then gets repeated in Question Period, and that gets written up, and when the Globe adds another new piece of unproven innuendo the next morning, the cycle starts over again). Trudeau’s response? Bring it on – I’ve done nothing wrong.

So where are we? Because I’m not sure at this point. Do we insist that the PM and ministers no longer fundraise? Because that’s happening is that the party is capitalising on their “celebrity” for higher-level fundraisers, which is basic economics. They’re more in demand, so you send them to the higher-priced fundraisers. Should they be disallowed because someone would try to talk to them about their particular hobby-horses? As though they wouldn’t if they met them in the grocery store or on the street? Because I’m not sure that it’s actually lobbying activity, despite the label that has been slapped onto it by the bulk of the media and the opposition, looking to score some points on this. Does this mean that the whole of cabinet should be encased in these bubbles where nobody can talk to them? If the fear is that they get “exclusive” access, the government is quick to point out that they’ve accused of consulting too much and that there are plenty of other opportunities. If the worry is that it’s because they’re rich that they get access, again I’m not seeing the issue because you’re not buying influence for $1500. “Oh, you’re buying good feeling and they’ll think to pick up the phone and call you the next time something comes up” is the latest excuse I’ve heard, and I rolled my eyes so hard that it almost hurt. Honestly? Especially with the accusations that they’re buying the influence of “good feelings” donating to the Trudeau Foundation, which the PM severed his connections to and which provides scholarships? And if the charge is that because many of these rich business people are of Chinese descent, again, I’m not actually seeing any real issue here. They accuse one businessman of donating who had interests in canola that the Chinese government restricting and then Trudeau got it resolved. Conspiracy! Err, except that was the concern of every single gods damned canola farmer in this country so singling out one Chinese-Canadian starts to smack of veiled racist sentiment.

Once again, I’m waiting for someone to show me where there’s smoke, let alone fire. I mean, other than that sickening smell of people who’ve lit their own hair on fire over this. And I would be willing to bet that Mary Dawson is going to shrug and say “they haven’t broken any rules, but I want you to turn over more power to me” like she does all the time.

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Roundup: Items left undebated

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With the Commons now having risen for the holidays, there is another day or two left of work left in the Senate before they too head off for their holidays, but as Kady O’Malley points out, they are having a bit of a problem getting any bills that aren’t supply-related passed in any reasonable timeframe. The extent to which this is an actual problem just yet is up in the air – yes, fewer bills have passed to date in this current parliament, but some of them have been pretty major issues (like assisted dying), while we’ve also seen far less use of procedural tools like time allocation to ram through bills without sufficient time for debate or committee study. (We’re also not seeing massive omnibus bills being rammed through either, so points for that).

Part of the problem is simply that senators are letting items stand on the Order Paper in their name for weeks at a time, which is not uncommon in the Senate, but there has been little effort to move some of these pieces forward, and I’m not entirely sure why. In my own estimation, part of it has to do with the new normal in the Senate, where there is no longer a government caucus, and the Government Leader – sorry, “government representative” thus far hasn’t really been communicating much urgency on any particular bills so far as I can tell. Maybe I’m wrong, as I’m not privy to any discussions that he is having with other caucus leaders. Some of it I would imagine is delay engineered by some Conservative senators because they feel that measures were adopted too quickly by the House of Commons without what they would consider to be adequate scrutiny (which I would imagine the ostensible reason on holding up debate on the trans rights bill would be), while some of it is partisan stubbornness (like the bill to undo changes the previous government made to unions or citizenship revocation). Senator Peter Harder could start to invoke time allocation on those bills if he so chose, and with there now being enough non-aligned senators having been appointed to surpass the votes of the Conservatives in the Chamber, he may now be in a position to convince them that this is the way to go.

Time allocation is a tricky beast in the Senate, however, and while the previous government did not hesitate to use it in the Senate when they felt they needed to, it is a blunt instrument and Senators need to be careful that they’re not putting themselves in a position of being treated like backbenchers in the Commons. Part of what needs to happen is clear lines of communication between the government and senators who want to speak to bills so that they have timelines in mind (and to be fair, some of them may have a lot on their plates right now). But there shouldn’t be an expectation that bills need to be sped through the Senate just because they’re government bills – they already get priority in all aspects of the Senate process, but if there is a sense of urgency, that needs to be communicated.

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Senate QP: Grave fears of the Trumpocalypse

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For the final ministerial Senate QP of the year, with special guest star Environment Minister Catherine McKenna. Senator Carignan led off asking about whether she would advocate for natural gas as a transitional measure away from coal, and the development of shale gas reserves as the Obama administration did. After a bit of a preamble, McKenna noted that they were in a transitional phase which won’t happen overnight, and that while they approved an LNG project in BC, they approach each project on its own to evaluate the science of their impact while at the same time looking for opportunities to market our resources.

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QP: One last kick at the can for 2016

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While the PM was present for caucus in the morning, and was slated to be at his caucus Xmas party later in the day, he was not, however, present for QP. Go figure. Rona Ambrose led off with lamentations about tax raises, to which Bill Morneau reminded her that they reduced taxes for the middle class, and gave them an enhanced child benefit. Ambrose then worried that Trudeau was spending too much time with the “out-of-touch elite” with fundraisers and not those out of work. Bardish Chagger recited the new talking points about being focused on working for the middle class. Ambrose worried about the billionaires — especially Chinese billionaires — looking for favours from fundraising, but Chagger responded with a combination of the hard work talking point with the one about the rules. Ambrose refereed to the PM as a bagman for the party, and Chagger returned to the talking point about working for the middle class. Ambrose demanded an end to cash-for-access fundraisers, and Chagger returned to the rules talking points. Thomas Mulcair was up next, asking about Canada 2020 being a wing of the Liberal Party, but Chagger stuck with her talking points about the middle class. After another round of the same, Nathan Cullen stood up to moan about electoral reform, and Maryam Monsef said they were proud to hear from Canadians before coming up with legislation, and there was another round of the same.

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Roundup: A bad term-limit promise

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Senator John Wallace announced yesterday that he’s keeping his pledge to Stephen Harper and resigning after eight years in the chamber despite the fact that he won’t have reached the mandatory age of 75. Of the other cohort of Senators that Harper appointed in late 2008, only Pamela Wallin has indicated that she plans to also end her term after 8 years – but not including the time she was suspended, so she’s got a couple of years left to go. Other senators from that cohort have either said that their pledge was conditional on Harper’s reform plans, which went down in flames after the Supreme Court of Canada shot them down spectacularly, or that they still have things left to accomplish, which is fair. But you know there is a whole crowd of people waiting for them to fail to live up to this “promise.”

Here’s the thing – it was a bad promise that Harper never should have extracted because short term limits are antithetical to the design of our senate, and that a mandatory retirement age of 75 is actually part of its structural guarantees. By having security of tenure, senators are able to exercise institutional independence, and by ensuring that they have employment until age 75, there is not the temptation for them to try to curry favour with the government in order to try and win some kind of post-Senate appointment (be it a diplomatic posting, or heading and administrative tribunal or commission). The lack of term limits like Harper was proposing were part of what is supposed to keep senators more independent and less beholden to the party leaders than MPs are. But it’s not like Harper was trying to undermine the Senate’s ability to be independent – oh, wait. He spent his nine years in power doing exactly that. So no, I will not be joining in the chorus demanding these senators resign, and in fact, I think Wallace is making a mistake in doing so.

Meanwhile, the Senate has grave concerns about bill S-3 on gender inequities in registering First Nations identity with the government, which the minister herself has acknowledged has problems but she wants them to pass it anyway because there’s a court deadline which she said they couldn’t extend, but now it looks like they’re going to. Also, this was a government bill introduced in the Senate so you can’t even claim that it goes against the will of the Commons. Once again, the Senate is doing its job, and oh, look – Andrew Coyne is furiously clutching his pearls over it, while National Post reporter’s description of the current state of the Senate is that they’re moving away from rubber-stamping bills which was never their role in the first place. Honestly, my head is about to explode about this. Again.

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