Tag Archives: Auditor General

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: Wise asses and the Wise Owls

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The snickering and childish guffaws that accompanied the news that the Senate released a children’s book-style brochure about the Senate was predictable. Every single wise ass in the pundit sphere threw in their two cents, many of them in the tiresome form of children’s book verses of their own, detailing how sordid those awful owls really are, and aren’t we clever for subverting this book? Others decried the (meagre) expenses and time used to create such a brochure, never mind that these very same pundits kept wondering aloud why the Senate never promotes itself or its good works. And while a more grown-up brochure was also produced alongside it, nary a soul mentioned that one.

I will be the first to say that The Wise Owls is not without its flaws, particularly in how they allegorically depict how and why the Senate came about. It was not because the House of Commons wasn’t working, and it’s particularly disingenuous to suggest that was the case. The general audience brochure has a more accurate take on that history, but I will also add that one of the problems with that brochure is that it places the legislative role of the Senate above all others under the heading that “Senators are lawmakers.” The abuse of the term “lawmakers” in the Canadian context rankles me because it’s an Americanism owing to how their system works, while our parliamentarians in our system are about holding the government to account, and legislating they do is a by-product of that as opposed to their raison d’être.

Nevertheless, some of the reactions to the book have also been particularly problematic, from Elizabeth May complaining that it’s not good democratic education because it implies that those responsible for sober second thought are wiser than those who are elected, to journalists like Justin Ling, who complain that the message to children is that your elected officials can’t be trusted.

Putting aside the potential that this is petty jealousy – after all, it would seem to be the media’s job to keep telling people that our elected officials are not to be trusted – these complaints ignore the fact that the entire Westminster system is predicated on that very fact – that while it’s all well and good to have elected officials, we still need safeguards against the excesses of populism. It’s why we have a monarch who is a disinterested party that can hit the reset button in times of crisis. It’s why we have an upper chamber that is appointed and not pandering for votes and has the institutional independence to speak truth to power. It’s why our courts don’t rely on judges to tailor their verdicts with an eye toward keeping the public favour in order to seek re-election. The very foundation of our system is that sometimes elected officials need to be reined in, and not by yet more elected officials. It shouldn’t be scandalous that this very same message is what this book exposes children to.

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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 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.

https://twitter.com/acoyne/status/808862320478875651

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Roundup: Desmond’s deserving recognition

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The news was announced yesterday that Bill Morneau had chosen Canadian civil rights icon Viola Desmond to grace the new $10 banknote, which is being hailed pretty much universally as an excellent choice, and certainly the one that I had been hoping for when the shortlist was announced. As soon as it was announced, though, we got inundated with a flood of headlines declaring Desmond to be “Canada’s Rosa Parks,” which starts to grate because Desmond’s stand against segregation began nine years before Parks’ did, but she has largely been an unknown in Canadian history. I hadn’t even really heard of her until the History Minute last year (and side note, not only was it a compelling story, but I was pleased to see that Battlestar Galactica’s Kandyce McClure played her), and it was a reminder that yes, we too had segregation in Canada, albeit a subtler one because it wasn’t entrenched in legislation. That Canadians identify Parks before Desmond is part of our problem with our own history, both in that we have a tendency to whitewash much of it, but also that we are so inundated with Americana that our own achievements get lost in it (such as when Upper Canada was the first jurisdiction in the British Empire to end slavery). Of course, part of why Desmond’s case has been obscured in history has to do with the fact that her case was ostensibly one related to tax evasion (for the one cent theatre tax she did not pay to sit in the lower seats despite requesting to pay the higher priced ticket) and her lawyer didn’t push the racial discrimination angle in court. Hopefully, this inclusion will help to rectify this wrong, to restore Desmond’s rightful place in the history books and in the popular consciousness about civil rights in Canada.

Chatelaine has seven facts about Desmond. Former Nova Scotia lieutenant governor Maryann Francis talks about when she was able to give a Free Pardon posthumously for Desmond and the meaning of it for her. Maclean’s digs into its archives to look at Desmond and the issues of racism in Nova Scotia going back decades.

Meanwhile, there have been a few comments about how our wartime prime ministers, Sir Robert Borden and William Lyon Mackenzie King will no longer be gracing banknotes, while Sir John A Macdonald and Sir Wilfred Laurier are moving from the $5 and $10 banknotes to the $50 and $100, with accusations that this means that we’re somehow “effacing history.” The thing is, Borden and King are in plenty of other places in our history books, while a person like Desmond is not. I think we have room enough to learn about the contributions of more than just the great white men of history and making it more inclusive. That’s hardly effacing history – it’s opening it up.

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QP: The Goldilocks of pipelines

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In the wake of yesterday’s big pipeline announcement, it remained to be seen if that would finally knock the fundraising questions off of the agenda. Rona Ambrose led off, lamenting that saying no to the Northern Gateway robbed hope and opportunity from 31 Aboriginal communities who had an equity stake in the project. Justin Trudeau noted that his government did what the previous one could not, and they would protect the environment while still growing the economy. Ambrose went or another round of the same, and Trudeau shot back that they we flailing about for something to talk about. Ambrose worried that Trudeau didn’t have a plan to deal with the Trumpocalyse (not her word) particularly with their tax plans, and Trudeau reminded her that they would engage constructively while working to diversify Canada’s trade markets. Ambrose then wondered when Trudeau would head to BC to get pipeline opponents onside, and Trudeau insisted that he was going about things the right way. Ambrose pivoted to CBC’s proposal to go ad-free for a bigger subsidy, and Trudeau replied that her party didn’t understand cultural industries and their importance. Thomas Mulcair was up next, and raised the issue of 59 First Nations opposed Kinder Morgan. Trudeau said that there were groups on all sides and that the balanced the various interests to make a decision. Mulcair switched to French to lament that the decision was done with Stephen Harper’s process, and Trudeau reminded him of their work with the provinces, particularly with new climate plans. Mulcair moved onto the appeal of a Manitoba case involving First Nations survivors, and Trudeau mouthed some platitudes about working together to move ahead in the relationship. Mulcair’s final question was on electoral reform, demanding that Trudeau keep his election promise, and Trudeau replied that he awaited the committee report and the consultations with Canadians.

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Roundup: Two yays and a nay

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The government announced its decisions on three pipelines yesterday – no to Northern Gateway (and a tanker ban on the north coast of BC was also reaffirmed), but yes to Kinder Morgan expansion and Line 3 to the United States. There are a lot of people not happy on either side – the Conservatives are upset that Northern Gateway also didn’t get approved, saying this was just a political decision, and the NDP and Greens (and the mayor of Vancouver) unhappy about the Kinder Morgan announcement, Elizabeth May going so far as to say that she’s willing to go to jail for protesting it.

None of this should be a surprise to anyone, as Trudeau has pretty much telegraphed these plans for weeks, if not months. And as for the critics, well, Robyn Urback makes the point that I do believe that Trudeau was going for:

In fact, Trudeau said as much yesterday in QP when he noted that they were sitting between a party demanding blanket approvals on everything, and another party opposed to approving anything, so that was where he preferred to be. He’s spending some political capital on this decision, including with some of his own caucus members who are not fans of the Kinder Morgan expansion, but he has some to spare, so we’ll see whether he’s picked up any support in the west, or lost any on the west coast when this all blows over.

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Roundup: Policy or privilege?

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Yesterday after QP, NDP trade critic Tracey Ramsey raised a question of privilege in the Commons, claiming that the tabling of CETA implementing legislation was contrary to the rules, not only because it didn’t follow the 2008 departmental policy on tabling treaties which lays out that 21 sitting days be given before introducing any such bills, and because it didn’t contain any explanatory memorandum.

They key phrase to remember in there is that it’s a departmental policy and not a standing order or other rule of the House of Commons, which means that this point of privilege is pretty much doomed to fail – and this was pretty much Bardish Chagger’s brief submission to the Speaker in advance of a more robust response to come at a later date. I would add that while Ramsey says that it’s unfair that Parliamentarians have to digest all 1700 pages of the treaty on their own without these explanatory memoranda, it’s not like these details have been in the dark. The text of the agreement has largely been available for a year now at least, which is a lot of time for the parties to do their research on the agreement, and yes, this is why they have research budgets and staff who can assist with these sorts of things. And it also sounds a bit like the opposition is complaining that the government isn’t doing their homework for them. Maybe I’m wrong, but that would certainly fit with the trend that has developed across the board in the House of Commons – that MPs expect everyone else to do that homework on their behalf, whether it’s the Parliamentary Budget Officer, the Auditor General, or any other Officer of Parliament.

I would also add that many of the changes that the Conservatives made policy-wise to things like treaties and military deployments were done under the illusion of giving the House of Commons a greater role to play when many of these matters are actually Crown prerogatives that they were looking for political cover in exercising, or in partisan gamesmanship designed to divide the opposition. I’m not sure how much this particular 2008 policy is a reflection of that Conservative mindset, but if the way the government went about this was a more traditional exercise of prerogative powers, then that’s all the more reason for them to do so, rather than to continue to indulge some of the bad habits that the Conservatives put in for their own purposes.

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Roundup: The AG’s disastrous advice

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The Senate’s internal economy committee is signalling that they are looking into setting up an independent audit committee, and my alarm bells are going off so hard right now because if they follow the path that the Auditor General wants them to go down, then they are risking serious damage to our entire parliamentary system. And no, I’m not even exaggerating a little bit. You see, Michael Ferguson wants to ensure that if there are any senators on this independent committee, that they are in the minority and not in a position to chair it, because that would mean they’re still writing their own rules. And the answer to that is of course they’re writing their own rules. They’re Parliament. Parliament is self-governing. In fact, it’s not only ignorant but dangerous to insist that we subject our parliamentarians to some kind of external authority because that blows parliamentary privilege out of the water. If you don’t think that Parliament should be self-governing, then let’s just hand power back to the Queen and say “thank you very much, your Majesty, but after 168 years, we’ve decided that Responsible Government just isn’t for us.” So no, let’s not do that, thanks. And it’s not to say that there shouldn’t be an audit committee, and Senator Elaine McCoy has suggested one patterned on the one used in the House of Lords, which would be five members – three senators, plus an auditor and someone like a retired judge to adjudicate disputes, but the Senate still maintains control because Parliament is self-governing. It allows outsiders into the process to ensure that there is greater independence and which the senators on the committee would ignore at their peril, but the Senate must still control the process. Anything less is an affront to our democracy and to Responsible Government, and I cannot stress this point enough. Ferguson is completely wrong on this one, and senators and the media need to wake up to this fact before we really do something to damage our parliamentary institutions irreparably (worse than we’re already doing).

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Roundup: Talking out the clock needlessly

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As you may have heard, Conservative MPs refused to let debate collapse on Mauril Bélanger’s national anthem bill yesterday, not allowing it to come up for a vote as had been hoped in order to fast-track the bill through the process owing to Bélanger’s condition. While this has been described as a “filibuster,” it’s not quite, but it was dickish behaviour, make no mistake – particularly the fact that all of the Conservative MPs were making the same points over and over again rather than offering any new criticism of the bill (with such novel excuses that it would be a slippery slope – references to God would be next in line, and woe be the age of political correctness, and so on). As a quick explanation, private members’ business cannot be filibustered because it is all automatically time allocated. Under the standing orders, each private members’ bill or motion gets two hours of debate – each hour separated by the precedence list of 30 items, meaning about six sitting weeks – before it goes to a vote. If bills pass the second reading vote, they go to committee for a couple of hours of study before they get another two hours of debate at report stage and third reading (again, separated by the precedence list of 30 items), and then they head to the Senate, where there is no time allocation and they will often get more scrutiny – particularly at committee – but government business taking priority means that they can sometimes languish there for months. In this particular case, there was a hope that debate could collapse and there would be no need for a second hour of debate, but they also requested that they could go straight into the second hour, but the Conservatives denied consent to do so. After all, they had planes to catch back to their ridings. If Bélanger’s health deteriorates further and he is forced to resign his seat – and he did come to the debate directly from the hospital – then it would be possible for another MP to take on the bill in his stead, but that tends to require unanimous consent, and if the Conservatives continue to want to be dickish about this, then they can deny it and the bill will die without its sponsor present. And because this is a private members’ bill, no other MP can launch a similar bill in this parliament, since there are rules around debating the same bill twice. The danger for those Conservatives, however, is that the Liberals can turn around and put it into a government bill and put it through the process that way, which gives them all manner of other tools to use to push it through – particularly on the Senate side. And while nobody is arguing that the bill should pass just because of Bélanger’s health, the argument is that it should have come to a vote so that it could pass or fail at second reading. While Conservatives argue that they have a right to talk out the clock, the fact that they kept repeating themselves is a sign that this was a dilatory tactic and designed to be dickish, which is what has enraged a number of Bélanger’s supporters. And really, it’s unnecessary because it looks like they’re bullying a dying man, and no good can come of it. We’ll see if anyone is willing to trade their upcoming slot in the Order of Precedence to move Bélanger’s second hour of debate up so the vote can be accelerated, but it shouldn’t have been necessary.

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