Roundup: The existential threat to parliament nobody notices

After stories about how some MPs – both Conservative and Liberal – used the Canada Summer Jobs programme to funnel those job grants to anti-abortion and anti-gay organisations, the government has made a few tweaks to the programme so that any organisation that is looking for grants needs to sign an affirmation that they will agree to comply with Charter values, as well as its underlying values including
“reproductive rights, and the right to be free from discrimination on the basis of sex, religion, race, national or ethnic origin, colour, mental or physical disability, sexual orientation, or gender identity or expression.” And while that’s all well and good, they didn’t fix the glaring problem with this system – the fact that it’s MPs who are signing off on these grants.

No. Seriously, no.

This is antithetical to the whole point of Parliament. Parliament is about holding the government (meaning Cabinet) to account, and part of that is by controlling the public purse. MPs don’t give out money – they ensure that the government can only spend it wisely. By Service Canada sending lists of groups recommended to receive funding, and then having the MPs validate and recommending more or fewer jobs through the group, or whether to fund them at all, it goes beyond accountability and into disbursing funds which is not the role of an MP. At all.

And what really burns me is that nobody sees this. We have become so civically illiterate that a practice that is a direct existential challenge to a thousand years of parliamentary history doesn’t merit a single shrug. No, instead, it’s become part of this expectation that MPs should be “bringing home the bacon” to their ridings. It’s why MPs shouldn’t be making funding announcements for the government – that’s the role of Cabinet ministers (and I will allow parliamentary secretaries under protest because it’s hard for cabinet to be everywhere), but that’s it. Having MPs make announcements “on behalf of” ministers is a betrayal of the role that MPs play with respect to ministers, which is to hold them to account, even if they’re in the same party. This is cabinet co-opting MPs, and in the case of these job grants, laundering their accountability so that nobody can actually be held to account for when funding goes to groups that are contrary to the values of the government of the day. But nobody cares – not even the journalist who wrote the story about the changes.

If only someone had written a book about this kind of thing…

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Roundup: Site C reluctance and costs

The BC government announced yesterday that they were going to reluctantly go ahead with the Site C dam project, which disappointed a great many people, not the least of which was the provincial NDP government’s Green Party allies (but not, apparently, to the point of withdrawing confidence, because they still have to get their self-interested electoral reform referendum up and running, and they certainly don’t want to jeopardise that). Oh, and true to form, it’ll cost even more than originally anticipated. Because of course it will. And while I can’t speak to some of the issues with some of the First Nations in the area, some of those cost issues were explored, particularly in this analysis, I also found the arguments of Blair King, who deals with contaminated sites for a living, to be particularly instructive on the issue, both in terms of the costs of remediating the work already done on the site, as well as the fact that other alternatives are simply not going to replace what the dam can do, particularly in the issues of night use for electric vehicles and the seasonal disparity of solar generation with usage – and certainly not for the same costs.

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QP: Concern trolling about the Commissioner

After a week away, Justin Trudeau was back in the Commons after a week away, and Andrew Scheer was also back, as the final sitting days of 2017 ticked down. Scheer led off, mini-lectern on desk, and he raised the current investigations by the Ethics Commissioner, and concern trolled that they wouldn’t be completed before her term was up. Trudeau noted that he had recused himself from any discussions around the Commissioner, but he was confident that the House Leader would do a good job. Scheer, breathily racing through his script, worried that MPs would not be consulted or have a chance to vet the new appointee, but Trudeau reiterated that he had confidence in the House Leader. Scheer moved onto the backlog of veterans awaiting disability benefits, to which Trudeau noted that while the previous government closed veterans officers, they were reopened under the current government along with new investments. Scheer insisted that this was solely the problem of the current government, to which Trudeau said that veterans had abandoned hope of getting help under the previous government while they were coming forward now that the current government was reaching out and reinvesting. Scheer tried to then wedge this into a “mean-spiritedness” onto the disability tax credits, and Trudeau assured him that they were looking at the issue carefully to ensure that Canadians were getting the benefits they deserved. Guy Caron was up next for the NDP, and he too returned to the issue of the backlog of veterans benefits, and Trudeau reiterated that these were applications by those who had previously given up hope. Irene Mathyssen and demanded to know if the new veterans disability plan would be released before the House rises, and Trudeau offered assurances that they were taking the issue seriously. Caron turned to demand a Netflix tax and defend the press, and Trudeau insisted that they would not raise taxes on Canadians. Pierre Nantel was up next to demand the same Netflix tax in French, and Trudeau assured him that no Quebec demanded that he raise their taxes.

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Roundup: Space to socialize

Amidst the growing buzz of MPs’ bad behaviour, whether it’s ejections from the House of Commons during QP, or the allegations of inappropriate comments at events as with James Bezan and Sherry Romanado, Kady O’Malley says that the presence of cameras hasn’t been a guarantor of good behaviour. And that’s fair enough. So what does she propose? Not to do away with the cameras, particularly in the Chamber itself, but rather creating the conditions by which MPs can spend more time together outside of the strictly partisan work situations.

More to the point, O’Malley suggests that MPs start sharing meal breaks, whether it’s in the cafeteria, or has been proposed earlier this session with a common space behind the Commons chamber where they can eat together rather than having the usual food services delivered to their respective lobbies on either side of the Chamber. It’s not a novel idea, given the fact that it was shared meals used to be a feature of how our parliament operated. Evening sittings happened three nights a week, and at the appointed hour, they would suspend debate, head upstairs to the Parliamentary Restaurant for a couple of hours and there was cross-pollination of socializing between the different parties. And lo and behold, when evening sittings were abolished in the name of being “family friendly,” collegiality between MPs took a hit.

The problem with simply creating a space behind the Commons for MPs to have that meal together is that it’s pretty much restricted to those who are stuck with House Duty, so the numbers at any given time would be pretty small, and I’m not sure that it’s enough to get a big the requisite sea change happening. Maybe the answer is to bring back evening sittings – it’s not like there’s a lack of legislation that could use the added time – but even there, part of what kept MPs at the parliamentary restaurant is that there was a dearth of other options in the area, which isn’t the case any longer. So while I don’t dispute that more opportunities for MPs to socialize is a good and necessary thing, I’m not sure that the conditions to make this a broader issue are really there any longer.

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QP: Lebouthillier has had enough of your accusations

With Justin Trudeau on his way back from China, and Andrew Scheer again absent, it was left up to Lisa Raitt to once again carry the day. Raitt led off, concerned about tax changes affecting small businesses, and demanded specifics. Dominic LeBlanc reminded her that they were cutting small business taxes, and details on income sprinkling would come before January 1st. Raitt then mocked the government for spending on advertising, to which Scott Brison got up to remind her that when she was in government, they spent a lot more on advertising, while the current government changed the rules to ensure that it wouldn’t be partisan. Raitt raised the concerns of small business owners in New Brunswick communities she visited, and LeBlanc, himself from the province, noted that the member of that riding had already made those concerns known and the government was listening. Alain Rayes was up next to offer the concern trolling on small business taxes in French, and LeBlanc assured him that they listened to concerns before they are implemented. Rayes tried again, and LeBlanc assured him the details would be known shortly. Guy Caron was up next for the NDP, and railed about the American decision to declare Jerusalem the capital of Israel, and wanted louder condemnation from the Canadian government. Mélanie Joly assured him that they were allies of Israel and that the status of Jerusalem could only be determined in larger negotiations. Hélène Laverdière tried again in English, and got the same answer from Joly in English. Caron was back up, and referred to the Auditor General’s report on the CRA and wondered when they would be accountable to Canadians. Diane Lebouthillier listed off the measures that were being undertaken to correct the situation, and Caron tried again in English, and Lebouthillier repeated her response.

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QP: Return of the tax changes

While the prime minister remained in China, Andrew Scheer was finally back in the Commons for QP for the first time this week. After a moment of silence for the anniversary of the École Polytechnique massacre, Scheer led off, mini-lectern on desk, and he read a statement about violence against women. In response, Maryam Monsef rose to give her own statement about the importance of the day and the remembrance of the victims. Scheer then turned to the “attack on small business” by new rules not being fully outlined until the budget. Dominic LeBlanc, who this morning revealed that he was diagnosed with chronic lymphocytic leukaemia, reminded him that small business taxes was being reduced and the new rules around private corporations were not about small businesses. Scheer trotted out the torqued 73 percent tax rate line (only applicable to those private corporations making over 100,000 under certain conditions in Ontario), and LeBlanc called him out for using a phoney example. Alain Rayes took over in French, offering the same concerns, and LeBlanc assured him that they listened to small business owners and they were acting on their concerns. Rayes tried again, but LeBlanc launched into a praise for small business tax cuts. Guy Caron was up next for the NDP, worrying that not taxing internet giants was hurting Canadian content creators — specifically community newspapers. Mélanie Joly said that they would work with stakeholders to strengthen local journalism. Caron tried again in English, and Joly listed investments made today and promised to help with transition to digital. Tracey Ramsey was up next, demanding transparency on the list of priorities with trade with China. Marie-Claude Bibeau, curiously, rose to read a statement on the importance of trade, but done under Canadian values. Ruth Ellen Brosseau asked the very same question again in French, and got much the same answer.

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QP: Anecdotes concerning clarity

While Justin Trudeau remained in China on business, Andrew Scheer was in Surrey to help with the ongoing by-election there. That left Lisa Raitt to once again lead off, noted that it was a month away from implementation to the private corporation tax changes, and decried that there was too much uncertainty. Dominic LeBlanc was also leading for the government for a second day in a row, noting that they were clear in their promises, and that it was asking those very wealthy to pay a little more. Raitt raised the case of a couple who own a small business in her riding, and how they were uncertain about what the changes would mean. LeBlanc reminded her that the government can’t reveal budgetary measures in advance of a budget. Raitt tried a third time, getting warned for mentioning Morneau’s absence, but she nevertheless managed to demand his resignation. LeBlanc said that small business taxes were being lowered, and any further changes were still being considered as a result of the consultations they engaged in. Alain Rayes took over to ask the same question about the uncertainty in French, and LeBlanc dutifully repeated his points about lower taxes and forthcoming details. Rayes took some swipes at Morneau and demanded his resignation, and LeBlanc assured him that the minister was doing an extraordinary job, noting the decade-low unemployment numbers. Guy Caron was up next for the NDP, concern trolling over the confusion on trade talks with China, to which Patty Hajdu praised the government’s trade agenda. Caron wanted to know what human rights discussions were being had, to which Mélanie Joly stood up to assure him that they were having frank discussions that included human rights. Tracey Ramsey repeated Caron’s questions in English, some of the phrasing verbatim, which Hajdu reiterated her previous decision. Ramsey dug deeper, raising steel dumping, but Hajdu stuck to praise points.

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Roundup: Feeding the fear industry

The Conservatives’ final Supply Day motion of the year, and they chose to use it to both demand that the government bring any returning ISIS fighters to Canada to justice, while simultaneously condemning them for the Omar Khadr settlement – you know, the issue that they were going to hammer the government hard on back in September which didn’t materialize.

https://twitter.com/inklesspw/status/937735816637534208

As you can expect, the arguments were not terribly illuminating, and lacking in any particular nuance that the topic should merit, but that’s not exactly surprising. Still, some of the lines were particularly baffling in their ham-fistedness.

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Amidst this, the CBC published a piece about Canada’s refusal to engage in extrajudicial killings of our own foreign fighters out of the country, asking lawyers whether Canadian law actually prevents it, which not unreasonably has been accused of creating a debate out of nothing.

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And this is really the key point. Treating issues like this one in a ham-fisted manner, whether it’s with a Supply Day motion designed to fail, or a debate created out of nothingness, is playing into the fear industry that we really should be trying to avoid. This is not the kind of nuanced debate that we should be having, which hurts everyone in the long run.

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QP: Turning attention to Lebouthillier

With Justin Trudeau off in Beijing, along with several of his ministers, it appeared that Andrew Scheer decided he had better things to do, and left it up to Lisa Raitt to lead off QP instead. Raitt raised the ethical bar in Bill Morneau’s mandate letter, and with that having been failed by the fine for forgetting to declare the holding company that owned his villa, it was enough for him to resign. Dominic LeBlanc rose to respond, and dismissed the line of questioning as a weeks-long fishing expedition, and that Morneau had worked with the Ethics Commissioner. Raitt tried again, bringing in the fictional compliance requirements around Bill C-27, and LeBlanc dismissed the concerns, and pointed out that Raitt wished that the Conservatives had Morneau’s economic growth record. Raitt tried a third time, raising the share sales as though there was anything to question with them, and LeBlanc shrugged it off a third time. Alain Rayes took over in French, demanding to know about the share sales. LeBlanc reiterated his previous responses in French, and they went one more round of the same. Guy Caron was up next for the NDP, concern trolling over Morneau having to meet with the Ethics Commissioner yet again over share sales, but LeBlanc reiterated that Morneau works with the Commissioner and takes her advice. After Caron tried again in English and got the same response, Alexandre Boulerice got up to decry the competence of the revenue minister regarding either the money hoped for from going after tax avoidance and disability tax credits for diabetics, but Diane Lebouthillier assured him that the restored disability advisory committee was getting to work. Boulerice tried again in French, and Lebouthillier responded that they were getting tough on tax avoidance.

https://twitter.com/AaronWherry/status/937764803363340289

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Roundup: A new justice named

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.

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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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