Roundup: Just a normal backbench function

There are days when I wonder if the cynicism among reporters isn’t the bigger problem facing Ottawa as we get yet another incredulous piece talking about how backbench Liberal MPs are openly voting against their own party, and how incredible is that? One MP went so far as to say that the Prime Minister himself told his caucus that the media was going to have to get used to the fact that MPs would disagree with him from time to time. And lo and behold, it continues to be treated as both a novelty and an aberration that backbenchers will stand up to government. We had commentary on one of the lesser weekend panel shows yesterday that was some pundit or other incredulous that there were MPs disagreeing with the leader, apparently because there weren’t enough goodies like cabinet posts or committee chairs to go around, and I can’t even.

Meanwhile, we have interviews with the government whip about how he’s going to manage all of these free votes on things (which was fairly constructive, to be honest, as he talked about having copies of the bill at hand and lists of people he could direct MPs to talk about with their concerns). It’s helpful, but needs more reminding that hey, it’s actually a backbencher’s job to hold their own government to account as much as it is the opposition’s. Now, if we could just get them to start asking some real questions in QP instead of throwing these suck-up softballs, that would be really great. Oh, and while I’m on the topic of journalists and pundits acting all surprised that MPs are doing their jobs, can we also stop this faux-confusion about how things are working in the Senate with “independents” and “independent Liberals”? Because honestly, if you haven’t gotten the memo that Senate Liberals are not part of the national Liberal caucus, and that they simply chose to continue to call themselves Liberals because the Rules of the Senate say that a caucus needs to have an association with a registered federal political party, then you really need to get with the programme. Stop saying that things are confusing when they’re not. You’re not helping the public – you’re just making things worse.

Continue reading

Roundup: Peter Harder’s ham-handed problems

First it was the curious announcement from long-time Liberal Senator (and one-time leader of the provincial Liberal party) Grant Mitchell was stepping away from the senate caucus to sit as an independent. For someone as nakedly partisan as Mitchell, it was a curious move that raised a number of questions for me. Then, later in the evening, news came down that Peter Harder, the “government representative” in the Senate, will be naming a deputy and a whip, and that whip was to be Mitchell. (The deputy was named as Diane Bellemare, who was a Conservative senator who quit that caucus a couple of months ago and became a founding member of the Independent Working Group). In amidst a number of smartass remarks going around the Twitter Machine about how an independent whip was supposed to work, I will offer again the reminder that in the Senate, the job of the whip is more about logistics and administration with things like assigning offices and parking spaces, and with organizing committee assignments and seeing that absences are filled on committees than it is about telling senators how to vote. Likewise, deputy leaders in the Senate are much more equivalent to House Leaders in the Commons, where they help determine scheduling of debates on bills and so on. But given that Justin Trudeau was looking to shake up the way the Senate operates, thus far it has mostly been about rebranding the office of Government Leader in the Senate under a new name and maintaining the “not a minister in name only” fiction that Harper employed when he wanted to put distance between himself and the Senate. Add to that the odd insistence that Peter Harder sit as an independent while taking on this role, which is problematic at best. But if his job is just to represent the government, and to shepherd legislation through the Chamber, then why does Harder need a second person to do the House Leader-equivalent work, or a whip for the independents – particularly when the Independent Working Group has been working on developing a system of administrative representation for those unaligned senators. It smacks to me that Harder, whether with the blessing of Trudeau or not, is trying to impose a top-down organisation for unaligned senators in the chamber rather than letting the bottom-up process that the Working Group is engaged in run its course. While I’m not indulging the conspiracy theories that this is all a crypto-Liberal charade playing out, I do think that Harder is overstepping here by a great degree. Sure, it looks greatly symbolic that he got a Conservative and a Liberal with him to do these tasks, but it does look like he’s trying to impose something on the new independent senators that currently goes against what the Senate rules allow (being of course a caucus organisation that is not tied to an existing federal political party). As with Harder trying to get an inexplicably big staff for the job he says he plans to do (as opposed to the old job of Government Leader), this new move is problematic. It could very well be that Harder doesn’t know what he’s really doing and how the Senate operates, which was always the going to be a problem when Trudeau insisted that his “representative” would come from the first batch of independent appointments. But these ham-handed moves are making that problem all the more glaring. This is an increasingly obvious example of Trudeau not thinking through his Senate plans and ballsing it up as he goes along because he doesn’t understand the institution either, and that is a problem.

Continue reading

Roundup: Six months later

The Liberal government is now six months old, so everyone is checking in on the list of their promises kept and broken. This one list, compiled from the “Trudeau Meter,” however, is a bit nitpicky on some of those “broken” promises, calling them broken because there was no mention in this year’s budget when there are three more years of budgets left in the current mandate, and it’s pretty hard to expect everything to have happened in the first six months of a government, when there are a lot of moving pieces to keep track of. In other words, give them a little more time before you declare all of these promises broken. The deficit figures for this year continue to look better than anticipated as the Fiscal Monitor shows continued surpluses into the spring months (which the Conservatives will be insufferable about in QP next week, I can promise you), but that may be because CRA is apparently having a banner year in terms of collecting lapsed taxes, up to an extra $1 billion so far. So there’s that. The Conservatives, meanwhile, have the challenge of trying to stay united during this period of transition for their party, particularly as the leadership contest starts to intensify. As for the NDP, they’re now struggling to remain relevant six months later. So there’s that.

Continue reading

Roundup: Responsible, not rogue

A Liberal MP has broken ranks on a government bill! Oh noes! Let us now treat this as some kind of crisis of leadership! Okay, so the CBC piece about the event is only slightly more measured than that, but their Twitter headline certainly wasn’t.

One of the most enduring problems with Canadian political reporting is the constant conundrum of demanding that MPs exercise more independence, but immediately treating any instances of MPs breaking party ranks as some kind of crisis of leadership, where obviously the grip has been lost and soon it will be all over for the leader. (In some cases, the party itself treats it as some kind of betrayal of solidarity *cough*NDP*cough* and punishes its MPs internally with things like removing QP spots for weeks or removing members from committees or travel junkets). Ditto with senators, or at least until Trudeau kicked his senators out of national caucus – “is the leader losing control of his senators?” was not an uncommon headline either (though not one that is generally screamed as loudly, and one might also add that not enough ink was spilled on the split in caucus over Bill C-377 – the “union transparency” bill – the first time around when they voted to gut it, and Marjory LeBreton stepped down as Government Leader a couple of weeks later after seriously mishandling the whole thing inside her caucus). And yes, Trudeau did promise more free votes, but this is one of those common promises that tends to wind up with MPs voting in lock-step anyway because they all really support their party or they all just happen to all think in lock-step. I am also reminded that when Michael Ignatieff tried to encourage his caucus to vote more freely on private members’ bills by not rarely voting for them personally – so that they wouldn’t look to him as to how to vote – he was punished for it by Jack Layton lying about those missed votes as poor attendance during the election (though Ignatieff should have responded with the policy and shut him down, but didn’t, and lost the election quite badly as a result). Suffice to say, when MPs don’t vote in lockstep, we shouldn’t use terms like “goes rogue,” because it gives entirely the wrong connotation about what has taken place. We want more responsible and independent-minded MPs, so let’s not make it harder for them to do so. And let’s leave the word “rogue” to this for the time being:

Continue reading

Roundup: Duffy’s long road back

We heard confirmation yesterday from Duffy’s lawyer that he does indeed plan to return to the Senate despite some serious health concerns, not that he’ll find many friends there, which could make things more awkward than they’ll already be. In talking with one senator yesterday, I heard largely that he had few friends there to begin with, and because he spent his time fundraising for the party instead of doing actual Senate work, he never really got to know or ingratiate himself with his actual Senate colleagues, so it’s not like he’ll have a long list of people looking to welcome him back with open arms. And, because it’s unlikely the party will welcome him back, Duffy may continue to find himself on the outside. His lawyer also suggested that perhaps he should be paid back for the time in which he was suspended without pay, but you will find that argument will quickly go down in flames as senators will remind you that their internal discipline process is separate from the criminal trial, and his suspension without pay was internal discipline. And we’ll get a bunch of pundits lazily declaring that the Senate is still lax in its rules and processes, which it isn’t (and I would argue really wasn’t when Duffy was taking advantage of it), and oh look – Scott Reid did just that. Kady O’Malley admits her surprise in the ruling, while Andrew Coyne takes umbrage with “not criminal” as a standard that seems to be emerging. The Winnipeg Free Press editorial board notes how the new, better appointments could help to restore the Senate’s credibility, while CBC looks at what effect the Duffy verdict could have with future prosecutions of other senators’ questionable conduct.

Continue reading

Roundup: The exoneration of Mike Duffy

It was rather a stunning result, where Senator Mike Duffy was acquitted of all 31 charges against him for fraud, breach of trust and bribery. The judge ruled that he found Duffy to be a credible witness, and said largely ruled that Duffy followed what few rules there were in place at the time, a fact that many would contest – there were rules that Duffy indeed skirted, but not to the degree of criminality, according to the judge. In fact, it goes against the very ruling of former Justice Ian Binnie in his arbitration report, who noted that there were rules and there was also common sense in determining the eligibility of expenses, and while he didn’t rule on criminality, it does contradict some of the judge’s reasoning in the Duffy verdict. That the judge singled out the PMO for scathing words is of very little comfort, particularly because of his belief that they somehow overrode Duffy’s free will in “forcing” him to accept that $90,000 cheque. Duffy is now free to return to work in the Senate, but he may not find it a very welcoming place, given his direct culpability to the hits on the institution’s credibility. That, and there will be eyes on his spending at all times, particularly by those senators who knew that there were rules in place – despite what Bayne and eventually the judge felt – and those rules have only become more stringent since. More from Köhler, Harper and Reevely, while Reevely had a few other thoughts over Twitter that also bear repeating.

Continue reading

Roundup: Harder’s budget request

Peter Harder is asking the Senate for a budget of $800,000 to hire nine people to assist in his “government representative duties.” While I’m not opposed to the dollar figure, I’m a bit curious about why nine staff, but let’s back up first to the precedent that is guiding this whole exercise, being Stephen Harper’s fit of pique when Marjory LeBreton resigned as Government Leader in the Senate. By that point, Harper was being badgered and hectored daily about the ClusterDuff incident, as well as Pamela Wallin and Patrick Brazeau, and he decided that his next Government Leader, Claude Carignan, was not going to be put into cabinet so as to give the appearance of distance. Of course, it was only the appearance, as Carignan was a minister in every respect but name, including being sworn into the Privy Council (necessary to get the briefing books to answer on behalf of the government in Senate QP). But because he wasn’t a minister, he couldn’t get funding from PCO for staff and needed activities, so Carignan went to the Senate and asked for a bigger budget, and he got it, hiring a staff of 14. With Trudeau now being fairly cute with the way he is handling the “government representative” file – Harder being sworn into Privy Council and able to attend cabinet meetings – the government decided that with the Carignan precedent, Harder can simply ask the Senate for the budget he needs. Now, he is getting some pushback about getting a budget without attendant responsibilities, such as answering in QP. They referred the decision to a subcommittee (that still hasn’t been filled), but I do wonder why nine. I can understand an admin staff, a policy person or two, a comms person, but without a caucus to manage, what exactly is so labour intensive about “shepherding the government’s agenda”? That’s a bit of time management, introducing the odd debate on government legislation, but what else would he be required to do? So perhaps we’ll get some answers, but it does seem a bit odd to me.

Continue reading

Roundup: To Leap or to cleave?

There are some interesting dynamics shaping up at the NDP convention in Edmonton, which is less about the current tensions over the leadership review vote that Thomas Mulcair will undergo on Sunday, but rather the fact that there appears to be a split developing between the Alberta NDP (and to some extent the New Brunswick arm of the party) and the federal party when it comes to debating the Leap Manifesto. Mulcair himself is in self-preservation mode as he talks about the Manifesto, and promises to live up to it if the membership decides on it, which seems to go back to his particular issues with authenticity because there is no sense of what he believes around it (though he once praised the policies of Margaret Thatcher, so perhaps one could extrapolate from there). Mulcair is now insisting that no, the Manifesto isn’t about shutting down the oil sands or forgoing pipelines, except it pretty much is, with the promise to decarbonise the economy by 2050 – as well as shutting down mining and other extractive industries and tearing up trade agreements under the rubric that they hurt local economies. Mulcair has retreated to the statement that the Manifesto doesn’t explicitly say to leave oil in the ground, but after musing to Peter Mansbridge that he would do everything in his power to go that route if it’s what the party decided, well, the damage has been done, as the Alberta party is distancing themselves, the province’s environment minister calling the federal party’s environmental plan a “betrayal,” and Rachel Notley took to the airwaves to tell Albertans explicitly that she is working to get a pipeline built. The Manifesto’s proponents, however, insist that this is necessary, and that a hard-left turn can win, and cite Bernie Sanders and Jeremy Corbyn – never mind that neither has actually won an election, and likely never could given the personal dislike for them among even their own respective parties. (Seriously – Corbyn had a caucus enemies list drawn up). So will a hard-left turn save the party? It all depends on what they want to do, whether they want to return to being only about principle and the “conscience of parliament,” pushing the Liberals to do the right thing, or if they want power and the compromises that come with it. We’ll have to see what the membership decides, and whether Mulcair fits that vision.

Continue reading

Roundup: Fair Vote Canada’s shambolic release

It’s not everyday that you get a completely unhinged press release in your inbox, but holy cow did Fair Vote Canada come out with a doozy yesterday. It’s hard to know where to start with such a work of “shambolic genius,” as Colby Cosh put it.

You see, according to the geniuses at Fair Vote Canada, they have cleverly parsed that when Trudeau pledged to “make every vote count” (a boneheaded statement because every vote already counts), he was referring to their slogan, and therefore he must really advocate for Proportional Representation, and because Trudeau has said he has no pre-conceived ideas about what the outcome of the consultations on electoral reform would be, he must really mean that he’s just trying to figure out which proportional representation system to use, because that’s what he’s signalled by using their slogan. Genius, I tell you. Genius!

But Wait… There’s More!™

While referring to Parliament as “the law factory” (Seriously? Seriously?!), they started invoking the Charter to claim that “equal treatment and equal benefit under the law” must mean that Canadian citizens are entitled to having their votes represented in direct proportion to the votes cast. Which is insane and ridiculous because that’s not how our system works at all, and is completely wrong when it comes to jurisprudence. You see, the Supreme Court of Canada has already rejected this line of reasoning, both in terms of the deviation of voting power (i.e. unequal riding sizes) for the purposes of better governance, but also with attempted challenges to the First-Past-The-Post system in the Quebec courts, which were roundly rejected and which the Supreme Court of Canada refused to grant leave to appeal. That means that as far as they’re concerned, the law is settled, and for Fair Vote Canada to try and advance this line of argument is futile and wrong. Because the law is settled. But considering that the whole basis for their advocacy of PR is rooted in sore loserism at the ballot box, it makes complete sense that they are also sore losers when it comes to the judicial system as well.

Moral of the story: Fair Vote Canada has long used falsehoods and logical fallacies to advance their case. This ridiculous and completely specious release is just one more in a dishonest string of arguments they’ve made and will continue to make as this debate heats up in the coming months.

Continue reading

Roundup: The Senate Advisory Board reports

In keeping with the commitment to openness and transparency, the Independent Advisory Board for Senate Appointments released their report yesterday (PDF) on the interim process by which the first seven of the new independent Senate appointments were chosen. It’s an interesting read – they had a list of nearly 300 names to consider after consultations and nominations, from which they whittled it down to 25 names – five per vacancy that they were expected to fill, from which Justin Trudeau ended up selecting seven names rather than just five. The cost of the whole process was about $170,000, which seems to be pretty bare bones if you ask me. There were observations on the process included in the report, primarily that the process was pretty rushed, which meant that most of the information they had on candidates were all based on self-declaration, and that they didn’t conduct interviews with their short-list candidates in this process – they merely identified them, and one presumes that PMO was then responsible for the final vetting – something that might change as the process goes forward and the panel has more time and resources going forward as they look to fill the remaining vacancies over the next year or so, and any future vacancies as they come up. Also, the report listed the nearly 400 groups that the Board reached out to in order to get suggestions, and had demographic data on gender, linguistic profile, and Aboriginal and visible minority status. It also noted that failed candidates got a letter thanking them for participation, and the report noted that they are free to apply again under the future process. The chair of the Board has dismissed any concerns over the issue of André Pratte and his property hiccough, given that it will be resolved before he is appointed, and it’s a perfectly reasonable position to take. I will also note that this report answers most of the questions that Scott Reid has been howling about in QP over the past couple of months with regard to process and the secrecy of the system. Yes, there is an expectation of confidentiality for those who did not get appointed, as with any Governor-in-Council appointment, and from the language of the report, the PM did indeed choose the names from those on the short lists. Thus far, it looks like this new system is working as expected, and it provides the necessary suggestions for how to improve the process even further. Of course, we need to see how these new senators will perform, particularly in the capacity as independents in a system where the rules are still weighted to party caucuses (though that is slowly changing), but so far Trudeau’s reform plans are bearing fruit. We just need time to evaluate them going forward before we can declare it a success or not.

Continue reading