QP: Raising the referendum temperature

With the big announcement on the trans rights bill having been made, there were plenty of members’ statements about International Day Against Homophobia and Transphobia. All of the leaders were present, and Rona Ambrose led off, mini-lectern on neighbouring desk, and asked about the review of the forthcoming NEB ruling on the TransMountain Pipeline. Justin Trudeau hit back, saying that it was the previous government that created uncertainty by not committing to protecting the environment. Ambrose insisted that the review was “very thorough,” but Trudeau repeated his response about the previous government’s failings. Ambrose changed to the electoral reform referendum issue, and Trudeau responded with his promise that the last election would be the last under First-Past-the-Post. Denis Lebel took over and asked another pair of demands for a referendum in French, and Trudeau repeated his same answer in French. Thomas Mulcair was up next, and wondered “what the hell” the government was waiting for about decriminalizing marijuana — earning him a rebuke from the Speaker. Trudeau repeated his standard points about legalization as a framework to protect kids and deprive organized crime of revenue. Mulcair switched to French to ask about a pardon for people currently convicted under the existing law, but Trudeau’s answer didn’t change. Mulcair changed to C-10, for which Trudeau insisted that it would be used to build an aerospace industry in Canada. Mulcair repeated the question in English, and got the same response.

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QP: Monsef’s saccharine platitudes

For caucus day, all of the leaders were present, and from the gallery at the back of the chamber, former Speaker Peter Milliken was keeping a jovial eye on the place. Rona Ambrose led off, mentioning her time in Fort McMurray and asking that infrastructure funding for the region be fast-tracked to help them get back on their feet. Trudeau thanked her for her leadership on the ground and noted that he formed an ad hoc cabinet committee for the rebuilding, in order to bring the whole of government to help. Ambrose changed topics and demanded a referendum on electoral reform. Trudeau raised the Fair Elections Act, and that people voted for change in the last election. Ambrose asked again in French, got much the same answer, and then Scott Reid took over to ask if the only way the government was going to hold a referendum was if they knew they could win. Trudeau repeated his commitment from the election that it was to have been the last election under First-Past-the-Post. Reid pressed, and Trudeau said that people wanted change after the last government’s behaviour with a majority. Thomas Mulcair got up next, and demanded that the committee allow all of the members to vote. Trudeau insisted that Canadians were clear when they voted for change in the election. Mulcair declared the fix to be in for preferential ballot which he insisted worked in their favour. Trudeau gave his same answer, and Mulcair moved onto a video about Saudi human rights abuses with relation to the LAVs. Trudeau reminded him that he promised not to break the contract, and that Mulcair did too. Mulcair gave a roaring repeat, and got as sharp of a rebuke from Trudeau.

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Roundup: Gratuitously rejecting amendments

It sounds like deliberations in the Commons justice committee are going about as well as expected, as they reject dozens of amendments related to the medical assistance in dying bill. It should be noted that they’re rejecting amendments from all sides – both the Conservative ones aimed at introducing further restrictions (which should probably just invoke the Notwithstanding Clause along with them because of how they further impede the Supreme Court of Canada’s decision in Carter), and those NDP, Bloc and Green amendments that would make the legislation more permissive, and it sounds like only a couple of minor amendments have been accepted – one Liberal, one Conservative, both fairly technical. All of this is making be believe that we may be headed for a showdown with the Senate, as it sounds increasingly like they are unhappy with the current state of the bill and have grave concerns that it doesn’t meet the constitutional tests laid out in the Carter decision. This could make for a very interesting few weeks ahead if senators decide to dig in their heels – particularly Senate Liberals, who are likely to very clearly demonstrate their independence from the Liberals in the Commons as they take opposition positions on this government bill. We’ll see how far they’re willing to push it, whether they will amend the bill and send it back to the Commons, and if the government decides to push back or not, or accept the judgment of the Senate in its more independent state (as Trudeau has insisted he’s looking to make a reality). More likely, we’ll be subjected to weeks of pundits baying at the moon because how dare the unelected Senate dare to challenge elected MPs even though that’s the whole point of the institution in our constitution. I can hardly wait for that fun to start. Meanwhile, Aaron Wherry looks at how MPs are dealing with this issue in terms of consulting with their constituents for the upcoming free vote, and how their own religious convictions play into it. Of course, MPs always like to say all manner of things about what their constituents say and believe (and it almost always just happens to line up exactly with their party’s talking points, as if by magic), and given how completely spineless most MPs tend to be on tough issues like this, we’ll see how they wind up deciding when the final vote comes down.

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Roundup: Making up titles

Senator Peter Harder made it official yesterday – the announcement of a Deputy Leader and Whip – err, sorry, “deputy government representative” and “government liaison” as he wants them styled, and it erupted in a bit of a fight in the Chamber that he can’t just make up names for people because the Parliament of Canada Act doesn’t work that way. I also have concerns with the job descriptions that Harder has given them (and these were provided to me from a Senator).

For his deputy, Senator Bellemare:

Assists the Government’s Representative to process the legislation coming from the House of Commons (government, private members’ bills and government bills in the Senate) in a transparent, impartial, constructive and non-partisan manner;

In the context of an evolving modernized Senate, assists the Government’s Representative so that all bills (including bills coming from Senators) receive a fair and non-partisan treatment;

Assists the Government’s representative to provide Canadians with a clear understanding of the treatment by the Senate of the bills coming from the House of Commons;

Assist the Government’s Representative in the Chamber, to make sure that due process is provided to Government legislation and all other bills and businesses,

Follow the legislative work of Committees,

Assist Committees to provide more substantive reports on their specific study of bills,

Assist informally Senators with rules and procedures.

And for his whip – err, “liaison,” Senator Mitchell:

It is the role of the Government’s Representative group in the Senate to facilitate the passing of government legislation and to contribute to the effective functioning of the Senate in a non-partisan and open way. The Government Liaison position will be responsible for administrative and management roles and for liaison with all Senators. Specific responsibilities will include:

-Working with the caucuses’ Whips and with independent Senators to help organize the business of the Senate, including, for example, the coordination of Senate Committee placements;

-Supporting sponsors of bills by ensuring that they receive the required input, briefings, and material from Ministers and government officials to present bills effectively;

-Assisting sponsors of bills to identify and deal with the issues and concerns raised by Senators in the debate and review of legislation.

The Government Liaison will exercise these responsibilities in a collaborative and non-partisan fashion.

The problem with these descriptions is that they are largely comprised of buzzwords. Throwing around terms like “due process” and “non-partisan” is hard to square with the fact that these are government representatives, and government is inherently partisan. While I can grudgingly agree that having a Deputy makes some sense out of pure logistics, the “liaison” role is largely nonsense. The existence of the Independent Working Group means that there was no need to have a Whip to organise committee assignments for non-aligned senators, and senators are grown-ups and should be able to arrange getting materials from Ministers and government officials. They have phones and emails, and assistants who can make arrangements. And “assisting sponsors of bills to identify and deal with issues and concerns,” which purported will including helping senators draft amendments? Again, they’re grown ups who can do their own jobs and talk to the Law Clerk if they need to. Aside from bigfooting the Independent Working Group – and making this move without consulting them – what is most striking is that Harder made this move for largely the sake of optics – he wanted both a Conservative and a Liberal by his side to make a big show of being bi-partisan, even though the role he gave Mitchell is ludicrous, and heaven forbid that Harder just have Bellemare by his side, because that would give the impression that he is really a Liberal, and he couldn’t have that. So instead Harder is making things worse for everyone with this particular move, angering both the Conservatives and the Senate Liberals, while still acting outside of the Parliament of Canada Act and the Senate Rules. It’s undermines his credibility, the work of the independents at pushing for meaningful reform, and is going to make getting anything accomplished in the Senate difficult for the foreseeable future.

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QP: What AG report? 

Tuesday QP, and with the Auditor General’s report out, there was the possibility of some juicy questions. Then again, given that most of what he examined happened under the Conservatives’ watch, their questions may not be as juicy. Rona Ambrose, mini-lectern on neighbouring desk, led off by referencing Morneau’s flippant “stuck on the balanced budget” thing, but in her framing of Trudeau being absent the day before, Trudeau first praised the Invictus Games, before pivoting to praising his government’s plan for the middle class. Ambrose asked a philosophical question about whose money Trudeau thought it was spending, and he retorted with rhetorical questions about whether it was reckless and irresponsible to lower taxes on the middle class. Ambrose lamented that the increased spending has to be paid back, and Trudeau parried by noting how much the previous government increased the federal debt. Denis Lebel took over in French, and Trudeau listed the many infrastructure and transit projects committed to in places like Montreal and Edmonton. Lebel insisted that the Conservatives we respecting provincial jurisdiction while balancing the budget, but Trudeau returned to Harper’s debt figure. Thomas Mulcair led off for the NDP, thundering about diafiltred milk and support for dairy farmers. Trudeau responded that they are engaging with the dairy sector, and that they are protecting the industry and Supply Management. Mulcair demanded an investigation into KPMG’s activities, but Trudeau insisted there was no favouritism by CRA. Mulcair demanded again in English, Trudeau replied again in English, and for his final question, demanded action on climate change. Trudeau reminded him that he was once environment minister in Quebec and didn’t get progress on the Kyoto Accords, and that the current government was committed to meeting more stringent targets.

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Roundup: Freeing up some spots

The Senate bat-signal is calling me once more, and there’s plenty to discuss, starting with the fact that the Conservatives and Liberals have come to a decision about making space on the committees for “non-aligned” senators to get seats – likely two on each committee. It’s a tacit acknowledgment of the changes happening, and starts living up to a bit more fairness for the growing number of independent senators, but it’s not everything that it’s cracked up to be in part because this was a move made without consulting the Independent Working Group, which is organizing on behalf of seven of those independents (and may grow to include more as the new ones start getting their bearings). There were also 18 vacancies on committees, which this does fill. So it’s a good and welcome change, but there do seem to be a few questions around the process by which this happened.

As for Senator Harder’s budget request, I’m still having a hard time buying it. As he explained, he’s looking to hire a chief of staff (I’m dubious why), a senior policy advisor (okay), a director of communications (sure), three legislative assistants (three sounds like an awful lot), a director of parliamentary affairs (again, a bit dubious), plus an executive assistant and an assistant (I’m not sure why he needs both). It’s not like he has a caucus to manage, even if he is liaising with all parties in the Senate. He went on Power & Politics to insist that this is just like the previous Government Leaders got – but he’s not the Government Leader. They explicitly made this whole distinction so that it was going to be different. He’s not a cabinet minister, so I’m not sure why he needs the same staff as a cabinet minister would. His file management is minimal in comparison, and he has not caucus to manage, legislative agenda of his own to carry out. He’s sheperding the government’s agenda, and possibly answering questions on their behalf in Senate QP, maybe (which we’re not entirely sure about yet, and even then, he still wouldn’t need that much staff for that task). I remain dubious in the face of the task at hand, and the government’s insistence that they’re doing things differently, rather than just putting a new label on the position and being too-cute-by-half about it.

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Roundup: Mulcair stands firm (for now)

The caucus meeting ran well overtime as Thomas Mulcair met with his MPs – assuming you call them “his” any longer, given the vote on Sunday – and when they did all finally emerge and faced the media, they put on a big show of solidarity, where they all got behind him in the Foyer. Mulcair announced that he was staying put for the time being, that they were united in this decision, and he was going to remain the caretaker until the new leader is chosen. Not that every MP felt quite the same, and perhaps none of them was more courageous than Don Davies, who bucked the trend of solidarity and it being unseemly to dissent in public, who openly said that while they were united, it wasn’t uniform. And here we are – Mulcair continues to be abrasive and snide in QP, and probably will for the foreseeable future, since he no longer has to care about appealing to anyone as he is on the slow departure. Meanwhile, Jason Markusoff writes about the party’s existential crisis in the wake of the convention, while Paul Wells reminds us that the NDP has been in existential crisis for years. John Geddes writes that the party had pretty much found its new leader – Megan Leslie – but she doesn’t want the job, and it doesn’t look like she’ll be convinced otherwise. (I would of course add that while Leslie ticks most of the requisite boxes, she also lacks enough of a killer instinct for political leadership, which would likely hobble her eventually). So we shall see how this all transpires going forward, but for now, Mulcair is digging in for the long haul, whether his caucus likes it or not.

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QP: Disclosures and the rules

It was Audrey O’Brien Day in the Commons, as the Clerk Emeritus sat at the head of the table as a farewell to her time serving MPs. Rona Ambrose started off by paying tribute to O’Brien before she got to her question about pipelines, and how there was now a tanker ban on the west coast after Northern Gateway was approved (only it wasn’t really approved, as there were 200+ conditions attached). Trudeau also paid tribute to O’Brien before reminding Ambrose that they didn’t get any pipelines built. Ambrose demanded to know if Trudeau would let Energy East or Transmountain go through if they were approved, but Trudeau stuck to generalities. Ambrose tried again, but got a reminder that her government didn’t get pipelines to tidewater in ten years. Denis Lebel was up next, worried about the lack of information in the budget. Trudeau reminded him of the promises that they made to families in the election. Lebel tried to burnish his government’s record, but Trudeau’s answer didn’t change. Thomas Mulcair was up next, and after a brief homage to O’Brien, lambasted the government for approving the Saudi LAV deal. Trudeau reminded Mulcair of statements he made regarding the jobs in question and not cancelling agreements. Mulcair then accused Trudeau of using numbered companies to avoid taxes, but Trudeau insisted that all taxes were paid. Mulcair pressed, and Trudeau reminded him that he has been open about his financial holdings. Mulcair asked again in English, and Trudeau stood by his disclosures.

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Roundup: Enter Peter Harder

Those seven new independent senators are now sworn in and installed, and it seems the Conservative spared no time in trying to insist that they were all secretly Liberal partisans, particularly the new “government representative,” Senator Peter Harder. In response to questions during a restored non-ministerial Senate QP, Harder said that he was recommended for appointment by the Institute for Research on Public Policy, and that he had no communication from the government about it. He also claimed he didn’t intend to be partisan, but be a kind of bureaucratic presence who could field questions on behalf of the government, while relaying concerns to cabinet on occasion. Harder also said that the new practice of bringing ministers to the chamber to answer questions would continue, and be expanded to 40 minutes, which is not a bad thing. What I am a bit more concerned about is the fact that Harder is talking about making amendments to the Parliament of Canada Act to start formalizing some of these changes that Trudeau has imposed on the Senate, but I’m not seeing much in the way of collaborating this with the other efforts to modernise the Senate’s operations. That this would be a discussion around the cabinet table and not involve senators themselves, based on Harder’s statements, is concerning because it does seem like meddling in the way the Senate operates – something Trudeau has already been doing with little regard for the consequences – despite the fact that none of them are in the Senate, particularly under this new regime. I don’t want to go so far as to say that he’s meddling in the Senate’s privilege, but it’s getting close to the line in some cases. The Senate is the institutional memory of parliament, and is supposed to have a longevity for a reason, which is why Harder insisting that it’s not unusual for governments to tinker with the Act to reflect stylistic preferences rubs me the wrong way. I also have some sympathy for the concern that “government representative” is a fairly American term that’s not really reflected in our Westminster traditions (though perhaps Australia’s “Washminster” system may find a more analogous term. We’ll see what Harder starts implementing soon enough, but I do retain a sense of scepticism.

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QP: Déjà vu from Monday

While new senators were being sworn in down the hall, all of the leaders were present for QP in the Commons, and everyone was raring to go. Rona Ambrose led off, reading from her mini-lectern, asking about how the budget numbers don’t add up. Justin Trudeau stated, matter-of-factly that they were putting money in Canadians’ pockets. Ambrose listed people who felt the budget lacked transparent, but Trudeau was undaunted in lauding the good news of the budget. Ambrose accused him of blocking projects like pipelines, and Trudeau hit back a little more pointedly about how “shouting pipelines into existence” didn’t work. Denis Lebel was up next, worried that the infrastructure envelope was thin, and Trudeau lauded the funding. Lebel launched a paean about how great the infrastructure funding was under their government, but Trudeau reminded him that their arguments failed to convince Canadians in the fall. Thomas Mulcair was up next, and got an ovation from the whole of the Commons. He repeated the false equivalency of that Shelly Glover fundraiser with the Jody Wilson-Raybould fundraiser, to which Trudeau listed all of the rules and said that they were being followed. Mulcair switched to the Panama Papers and the story that CRA officials went to work for KPMG, and Trudeau recalled the new funds for CRA in the budget. Mulcair repeated a bunch of dubious accusations and demanded an investigation into KPMG, and Trudeau repeated the funds for CRA. Mulcair closed the round with a question on EI reform, and Trudeau listed the reforms made so far.

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