Tag Archives: Andrew Scheer

Roundup: The Order Paper is not a race

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The House of Commons has risen for the season, but still has a number of bills on the Order Paper slowly working their way through the process. And as usually happens at this time of year, there are the big comparisons about how many bills this government has passed as compared to the Conservatives by this point. But those kinds of raw numbers analyses are invariable always flawed because legislation is never a numbers game, but is qualitative, as is the parliamentary context in which this legislating happens.

Part of the difference is in the set-up. Harper had five years of minority governments to get legislation in the wings that he couldn’t pass then, but could push through with a majority. He went from having a Senate that he didn’t control and was hostile to his agenda to one where he had made enough appointments (who were all under the impression that they could be whipped by the PMO) that it made the passage of those bills much swifter. And they also made liberal use of time allocation measures to ensure that bills passed expeditiously. Trudeau has not had those advantages, most especially when it comes to the composition of the Senate, especially since his moves to make it more independent means that bills take far longer than they used to, and are much more likely to be amended – which Trudeau is open to where Harper was not – further slowing down that process, particularly when those amendments are difficult for the government to swallow, meaning that they have taken months to either agree to them or to come up with a sufficient response to see them voted down. And then there are the weeks that were lost when the opposition filibustered the agenda in order to express their displeasure with the initial composition of the electoral reform committee, the first attempt to speed through legislation, and the government’s proposal paper to “modernize” the operations of the Commons. All of those disruptions set back legislation a great deal.

This having been said, Trudeau seems to remain enamoured with UK-style programming motions, which he may try to introduce again in the future (possibly leading to yet more filibustering), because it’s a tool that will help him get his agenda through faster. So it’s not like he’s unaware that he’s not setting any records, but at the same time, parliament isn’t supposed to be about clearing the Order Paper as fast as possible. Making these kinds of facile comparisons gives rise to that impression, however, which we should discourage.

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Roundup: A new justice named

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Justice Sheilah L. Martin of the Courts of Appeal for Alberta, Northwest Territories and Nunavut, has been nominated as the next Supreme Court of Canada justice, slated to replace outgoing Chief Justice Beverley McLachlin. Martin, who was born and educated in Quebec and is fluently bilingual and knowledgeable in both common law and Quebec’s civil code, and has been on the bench in the North as well as the west. She was once dean of a law school and has not only contributed to legal scholarship, but has also weighed in on some significant cases in her time on the bench, with pretty well-considered judgments. She is not, however, Indigenous, like many had been hoping. (For more on Martin, here is the link to her application questionnaire, and also follow the embedded Tonda McCharles tweet thread).

The issue of demanding bilingual judges is going to be an impediment for Indigenous candidates, for whom it creates an additional barrier, and when NDP leader Jagmeet Singh dared to suggest that perhaps they create an exception to that would-be rule for Indigenous nominees, he was forced by the rest of his party to walk back from that statement in favour of some platitudes about helping would-be Indigenous candidates with official language capacity instead. Note that NDP MP Romeo Saganash has come out against party policy to say that this demand for official-language bilingual judges hurts the cause of more Indigenous justices on the bench, but apparently that perspective is being silenced.

https://twitter.com/EmmMacfarlane/status/935967327962697728

https://twitter.com/EmmMacfarlane/status/935968214022086656

While some Indigenous lawyers are upset by the choice of a non-Indigenous jurist, I think we do need to recognize that the feeder pools with provincial Superior courts and the Courts of Appeal still have large diversity problems, which is why this government went about reforming the process to appoint those judges (and partially why it’s taking so long to fill those vacancies). When the trickle-down starts to happen there, it will mean a bigger pool of diverse candidates available in the future that may not be there right now. Of course, we won’t know the demographics of who applied to this round, so that does matter as well (and we won’t know for another month), so we may get more answers at that point.

https://twitter.com/cmathen/status/935924061779062785

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Roundup: An historic apology

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As promised, Justin Trudeau delivered a long-awaited apology for those LGBT Canadians who had been persecuted and hounded out of jobs in the civil service, military and police forces as a result of government policies, and to go along with this apology will be some compensation. (The speech and video are posted here). As well, a bill was tabled that will expunge the records of anyone caught up in these processes, but as Ralph Goodale explained on Power Play, the bill requires an application as opposed to the government doing a blanket action, and won’t cover some of the other charges such as being a found-in during a bathhouse raid. That could set up for an interesting future legal challenge, for the record.

So who does this apology affect? Some examples heard yesterday include Diane Doiron, who spoke to Chatelaine about her experiences, or former sailor Simon Thwaites, who was on Power Play.

While some may dismiss the rash of apologies from the Trudeau government as “virtue signalling” or being soft, history shows that official apologies tend to come more from conservative sources than liberal ones. Aaron Wherry, meanwhile, notes that while the Conservatives did participate in yesterday’s apology, they have been making a lot of political hay of late trying to show themselves in opposition to those who would “denigrate” the history of Canada, or who constantly find fault with it rather than praising it uncritically. And yes, it is an interesting little dichotomy.

Those who say that the apology doesn’t go far enough, pointing to the ongoing blood donation ban facing gay men who have had sex in the past year (note: this is a change from the previous lifetime ban) still hasn’t been lifted as promised, the government did put in research dollars to ensure that the proper scientific evidence is there to lift it permanently. While critics say that this remains discriminatory, I remind you that previous governments had to pay dearly for the tainted blood scandals of the past, which is doubtlessly why the current government wants to ensure that all of their bases are covered and untouchable legally in the event that any future lawsuits from this change in policy ensue.

Regarding those Conservative absences during the apology:

During the apology speeches in the Commons, I and several others noted that there were a number of conspicuous Conservative absences – some 15-plus vacant desks, all clustered in the centre of their ranks, which looked pretty obvious from above (and this matters when you’ve got the galleries full of people who have come to hear the apology). I remarked on this over Twitter, and it created a firestorm, especially when I highlighted the vacant area on the seating chart. Some of these absences are legitimate – some MPs were away on committee business, and I got flack from some of them for that afterward, feeling that it was a cheap shot, and if that’s the case, then I do apologize. It wasn’t intended to be, but it was pointing out that the giant hole in their ranks was conspicuous, especially as this was not the case during QP, which immediately preceded said apology. I will also note that none of the Conservative staffers who monitor my Twitter feed (and I know that they do, because they constantly chirp at me by claiming I’m too partisan in my QP-tweeting), offered up a correction or explanation until hours later, which I would have gladly retweeted if provided one. They did not. I can only work with what I can see in front of me at the time, and if some of those MPs who were there during QP went to fill the camera shots on the front benches, that’s still a poor excuse for leaving a giant hole in the middle of their ranks that the full galleries can plainly see.

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Roundup: The coming Senate legislative crunch

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While the legalized cannabis bill passed the House of Commons last night and is off to the Senate, questions about the kind of reception it will find there are sure to be buzzing about in the days to come. While the bill’s Senate sponsor wants a process akin to the medical assistance in dying bill to take place (something I find overzealous and ignores the context of what happened then), it’s unlikely to happen that way, and we may see the Conservatives in the Senate trying to dig their heels in. But it’s still early days, so we’ll see.

With this in mind, I wanted to turn to Kady O’Malley’s Process Nerd column yesterday, where she looked at how the Senate could gum up the government’s end-of-season legislative plan, as they try to push through a number of bills before the Commons rises in just under three weeks. The Senate is already seeing a growing backlog of bills on its Order Paper (a function I’m told has to do largely with the Government Leader in the Senate – err, “government representative” and his unwillingness to negotiate with the caucuses in there on timelines), and will likely sit up to the 22nd to try and get most of them passed. But what O’Malley described in the refusal by the Senate to engage in pre-study of the budget implementation bill as being a sign that of uncertainty, I will note that the circumstances around this demand for pre-study were unusual from a procedural standpoint. As he outlined in his speech against the pre-study motion, Senate Liberal leader Joseph Day pointed out that the point of pre-study is for the Senate to do a parallel committee process and send recommendations to the Commons before they complete their own study so that they have the chance to make amendments that the Senate proposes at that time. The problem is that this particular bill had already reached Report Stage in the Commons before the motion to pre-study was moved in the Senate by Senator Harder, meaning that the opportunity to offer amendments had already passed, and there was no actual cause for pre-study, and what Harder was looking to do was short-circuit Senate procedure for his own scheduling purposes, and well, the Liberals were having none of it. And in the end, neither were the Conservatives and several of the Independents.

And this is one of the things that I think O’Malley missed in her column – that part of the problem in the Senate right now is that the leadership (meaning Senator Harder) is not exactly doing the government any favours with his inability to manage the legislative agenda in that chamber, especially when he tries to do an end-run around the rules to suit his purposes. It will be a problem if he keeps this up, because the veterans in that chamber won’t stand for it.

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Roundup: Some actual accountability

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If there’s one committee of the House of Commons that I wish I could spend more time following, it’s the Public Accounts committee. It may not be one of the sexier committees tackling the hot issues of the day, but instead, it’s the heart and soul of what parliament is about – holding the government to account. Alas, my day-to-day work means that I don’t have the time to follow it like I did in years gone by, but I try to keep an eye on them when I can.

In the wake of the latest Auditor General’s report, the committee’s vice-chairs – NDP and Liberal, as the Conservatives chair this particular committee, as one might expect for a committee dedicated to holding the government accountable – are vowing that they will hold hearings on each chapter of the latest report (rather than just selected ones) because they are concerned about his level of frustration that departments aren’t keeping their focus on how services are delivered to citizens (rather than their own internal processes), and more than that, they plan to keep calling back senior civil servants to ensure that they’re shaping up. This can only be a good thing.

Over the past few years, that committee has been more stringent in ensuring that they get progress reports from departments on implementing recommendations from AG reports, but now it looks like they’re willing to go a bit further, which is encouraging. This is the kind of work that frankly, we don’t see enough of from MPs, so I’m glad it’s not only getting done, but getting a bit of attention. That can only bode well for parliamentary democracy.

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Roundup: Uncritical about the playwright’s lament

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Toronto playwright Michael Healy apparently took to the Twitter Machine to plead with the government to ditch their talking points and talk like human beings. Aaron Wherry in turn wrote this up as wondering why politicians don’t talk like they’re on the West Wing, but didn’t actually look at the reasons why message control has taken hold – never mind that nobody actually talks like they’re in an Aaron Sorkin production (because honestly, the sanctimony alone…) But in all honesty, it would have been a useful exercise to see why some of this has become entrenched.

For one, part of the problem is the format of Question Period in the Commons, where the strict 35-second clock makes reasonable answers all-but impossible in most cases. I’ve had staffers tell me that they have to prepare scripts, not because their ministers don’t know the subject matter, but because they need to keep it within those 35 seconds and that’s the easiest way. I can’t say that I’m necessarily sold on that – or too sympathetic – but I can see why the temptation is there.

Part of the problem is the way in which branding has taken hold of politics to such a degree that there is a perceived need to drill slogans into people’s brains – things like “Strong, Stable Conservative Majority™,” or “The Middle Class and Those Looking to Join It™.” One of my pet peeves is “The Environment and The Economy Go Together™” because I know that the minister who keeps saying that is capable of answering questions in a reasonable manner and could do so if she stopped delivering that line, but that’s the message that she wants to drive home. Even though we get it.

And part of the problem is the way that We The Media treat frankness – we punish them for it. Witness what happened two weeks ago when Carla Qualtrough went on CTV’s Question Period, and Evan Solomon picked the $1 billion figure for a possible Phoenix price tag out of thin air, and when Qualtrough said, frankly, that she didn’t know but she couldn’t rule it out, suddenly CTV ran with the “billion dollar” headline, and absolutely everyone else followed suit. It’s now stuck to the Phoenix issue in most headlines, never mind that it wasn’t what she actually said, but her moment of frankness is now being treated as some confession that we will tar the issue with. We The Media have been repeating the mendacious and disingenuous framing devices around the interminable Morneau Shepell questions uncritically – and in some cases, fuelling them in a complete absence of fact of context *cough*Globe and Mail*cough* and anything that the ministers say becomes a trap.

So why, then, would any minister want to be frank in their answers, if we’re just going to punish them for it? Unfortunately, we don’t seem to have the self-awareness to process this – that we are part of the problem that drives this issue to turn all government messages into pabulum. We do this to ourselves. Let’s think about that.

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Roundup: Phoenix transactions and rules culls

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Public services minister Carla Qualtrough sent a letter to public servants apologizing for continued Phoenix pay problems as the number of backlogged transactions reaches 520,000. But that’s what I think needs to be highlighted here – these are transactions, not public servants being affected, which we don’t have a clear number on. Part of why there are so many backlogged transactions – and likely to be growing for the short term – is because the new collective agreements came into force, which add new complications to the ongoing transactions, so while those get sorted, the backlog may continue to loom large. Apparently, there was also a recent chance in how these were being addressed, so we’ll see how much of an effect that has on the outstanding transaction total.

Meanwhile, public service union PIPSC is calling on the government to cull the number of convoluted pay rules that are currently clogging the system, but this is one of those issues where I’m not sure that they may be a wee bit disingenuous. PIPSC maintains that it’s all Treasury Board’s fault that there are so many rules, because they’re the ones who ensure there are all of the exceptions around overtime or acting status, and so on, and that they should be the ones to do the cull. But as Kathryn May points out, there is a reluctance to do this, even by means of special negotiations, because the unions are very touchy about any particular changes that they might see as rolling back any employee’s rights or benefits. And if you don’t think the reluctance is real, if memory serves, the last public service strike happened when the government wanted to phase out some old classifications with few employees in them, and the unions balked. (I also seem to recall that the deal they ended up getting was possibly worse off to save these obsolete classifications, which soured many of the public servants that I knew on the whole thing). So yeah, there are problems with the vast number of pay rules in place, and that has certainly had a detrimental effect on the whole Phoenix pay system, but I think that if the unions aren’t engaging in any self-reflection over this, then that may be adding to the problems.

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Roundup: A modest peacekeeping package

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At long last, Justin Trudeau delivered what the government had long-promised when it came to how Canada was going to fulfil its pledge around peacekeepers for the UN. Err, well, sort of. You see, while Trudeau said that the 600 troops would all roll out eventually, for the time being, we’re doing more of the work of capacity building, training, and getting more women involved, plus a new rapid-response air deployment of heavy-lift capability and weaponized helicopters that will include some 200 personnel. And no, we’re not sending troops to Mali. More significantly, perhaps, was the initiative on ending the use of child soldiers, which helps to fulfil some of the long-time work of retired general and Senator Roméo Dallaire.

At this point, the peanut gallery erupted into how the government’s mandate tracker would rate this promise as not having really been kept, but I have to wonder if that’s being unfair given the situation. We’ve heard for two years, since the initial pledge was made, that traditional peacekeeping was dead, and we needed to do something else, and lo, the government listened, consulted, and came up with a package of items – and funds – that will help with the real work of building capacity where it doesn’t exist currently. And listening to Dallaire on Power & Politics, he made the notion that it’s not really about committing another battalion of troops, because they have those – it’s about ensuring that they have the capacity to deal with the situation on the ground, and if Canada can help with that, is that not the better use of our time, money, resources, and personnel? Or do we demand 600 troops + 150 police in x-country that is just the right level of dangerous in order to check off a box and say “promise kept”? I’m not sure. We’ll see how the international community reacts, but so far the word out of the UN has been fairly positive (though it sounds like France may be a bit ticked that we’re not going to Mali). But maybe I’m wrong and we should have just sent them to Mali. I do think that we need to be a bit more nuanced in our understanding, and as with many things, people underestimate the need for capacity building at home and abroad, and it does seem to be something that this government is trying to address in one form or another. (For another take, here’s Stephen Saideman and his lukewarm feelings toward the announcement).

https://twitter.com/stephaniecarvin/status/931000867565776896

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Roundup: Release the Mandate Tracker!

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The government unveiled their “mandate tracker” website yesterday, put out by the Privy Council Office, which aims to track the progress of commitments made in ministerial mandate letters, which the government (rightly) touts is the first time these kinds of things are being publicly tracked. But the grousing immediately began – that these are not campaign commitments being tracked (and really, it would be inappropriate for PCO to be tracking those), that some of the progress is subjective, and that it’s a “propaganda tool” for the government.

That’s fair criticism, and sure, it’s cute that the government calls promises they no longer intend to keep as “not being pursued” (rightly in some cases, like electoral reform – because it was a stupid promise), and yes, there is some subjectivity to some of the measures like how they’ve improved Question Period – and if anyone wants to compare how it’s being run right now as compared to the zoo that it was in the Harper era, with the jeering, hooting baboons and the reading of non-sequiturs, they can go right ahead, but it is different, and I would argue, better most of the time. (Yes, many of the government’s responses are pabulum – but given how mendacious and disingenuous most of the questions are, that’s not a surprise either).

Suffice to say, it’s a step. The Conservatives never put anything like this out for public consumption, and had a habit of retconning some of their own promises (remember the promise around wait times? And how they tried to recast it as a different promise among the five that they made and supposedly kept? Good times). And while sure, it looks like they’re grading their own homework, you don’t have to take their word for it. You the public, and We The Media can fact-check these things, and hey, there’s something in the window for us to fact-check against. Great. I’m failing to see where the downside of any of this is.

Meanwhile, here is some more informed analysis:

https://twitter.com/inklesspw/status/930514829923696640

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Roundup: Trying to score dangerous points

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In amidst all of the really bad takes on Governor General Julie Payette’s commentary the other night, I find myself more than a little horrified that the Conservatives have decided to play political games around this. More specifically, they are attacking Payette obliquely by directing their comments at the prime minister, who didn’t leave well enough alone when he said it was great that the GG stood up for science. And great that she did, but this was also in the context of there being a willingness to torque the comments into a bit of a scandal, and to blow them completely out of proportion.

So what did the Conservatives do? It started with a Members’ Statement before QP, where MP Ziad Aboultaif denounced the supposed attack by the PM on people of faith (which isn’t what happened), and was followed up by a Facebook post by Andrew Scheer who said much the same thing – entirely ignoring that Trudeau is a practicing Catholic who has been public about the value that he places on his faith.

But what irks me the most about all of this is that it’s an example where our elected officials keep being cute about our most vital institutions – the Crown – and politicising them in subtle ways. When the Conservatives were in power, it was aggressively giving things a royal re-brand (which, don’t get me wrong, I’m in favour of), but the manner in which it was handled, along with the abdication on the opposition benches of similarly owning the fact that this country is a constitutional monarchy, allowed the media to paint the exercise as a Conservative nostalgia for the days of colonialism, and to tar the whole of our monarchical institutions with a partisan taint. And I fear that Scheer is going down the same path here in trying to stir up controversy around these largely innocuous statements by the GG in order to try and whip up his base. It’s a very dangerous game, especially because Scheer and his entourage have proven themselves to be ham-fisted in pretty much everything that they do, and that increases the chances of this blowing up in everyone’s faces, and the very last thing we need to do is try to politicize the Crown or the GG in this country. So seriously – knock it the hell off. This is not something that’s worth scoring a few cheap partisan points off of. You’ll only hurt everyone in the process.

Meanwhile, Colby Cosh has made one of the only reasonable takes on the Payette comments in noting that we don’t have rulebooks for Governors General, so they should stick to principles about appearing to arbitrate impartially, particularly because of the powers she possesses. And he’s right. And I would also add that it’s why I find the furore overblown – the existence of climate change and evolution are not partisan issues in Canada, so she’s not actually crossing any partisan lines in her comments. My own weekend column delves further into that aspect, as well as the reminder that she’s not actually a figurehead like so many of the pearl clutchers seem to be demanding from their fainting couches.

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