Tag Archives: Elizabeth May

Roundup: The shameless Duff

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Senator Mike Duffy is back in the news again, once again claiming his housing allowance for his long-time residence in Ottawa, because of course he is. There are a couple of problems here, but the first one is the way in which the story is being reported.

“Hasn’t the Senate tightened its rules?” is usually the first plaintive wail that we hear, and yes, they did. They have put rules in place around what constitutes proof of a primary residence in the province that a senator represents, and those rules include things like driver’s licence, health card, CRA tax assessment – things that Duffy didn’t have when he was first appointed and yet started claiming his housing allowance for the residence he lived in for years already. Duffy has since acquired the necessary documentation to “prove” that his primary residence is PEI. It’s also problematic to start devising a formula for how many hours one has to spend in their primary and secondary residence because it is generally a qualitative and not a quantitative measure, complicated by the work that senators do, and in some cases, there are senators who can’t travel back to their primary residences because of health concerns and are essentially forced to spend more time in Ottawa than they would otherwise. They may yet assign some kind of hour or day measure, but my understanding is that there is not one at the moment.

The bigger problem here is not the rules or the Senate itself (and for the love of all the gods on Olympus, I wish that my journalistic colleagues would stop treating this issue as a problem of the institution than its actors), but rather that Duffy himself is completely and utterly without shame. If he had any shame or decency, he wouldn’t keep claiming for his Ottawa residence, because he would know that it’s what got the whole issue rolling in the first place. But no – he is entitled to his entitlements, and has taken the fact that he was not convicted of criminal fraud and breach of trust as validation rather than the fact that he was nevertheless condemned for his behaviour while recognizing that it didn’t quite meet the test of being criminal. And that’s why this is really a Mike Duffy problem and not a Senate problem. He never should have been appointed as a PEI senator, and yet here we are.

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Roundup: Send in the narcissistic clowns

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It happened on Thursday, but I’m still fuming about it. Power & Politics interviewed a couple of would-be Senate candidates based solely on what I’m guessing is the sheer power of their narcissism, and not once was the actual Senate itself brought up for discussion. It was pretty much inevitable that this would happen – the moment the government announced that they would allow their advisory committee to allow self-applicants into the process, you were guaranteed to find a bunch of people who felt that somehow they had the right stuff to be a senator, and lo and behold, these people have been making themselves known, like the one guy from PEI who is going around and door knocking to get people to sign a petition about how swell he would be as a senator, never mind that a) it’s not how this works, and b) if he’s so keen about knocking on doors, maybe he should seek a party nomination to run to be an MP. Just maybe. Or the woman in Nova Scotia who thinks that just because she’s championed a couple of petitions to twin highways that she has the right stuff to be in the Senate. Never mind that neither of them have any particular policy expertise that they want to bring to the job. Never mind that both of these clowns are way too young to even be contemplating a position that is generally seen as a way that allows people who have excelled in their fields to contribute to public service as their careers are winding down. They feel that because they’re honest and have integrity (and really, who doesn’t think that they do), that makes them good material for the Senate. Okay, then.

What burns me the most, however, is the way that the media treats the narcissistic clowns and uses this as some kind of human interest story rather than to demonstrate that the Senate is actually pretty serious business. Not once were these wannabes asked what they think the Senate actually does, and how exactly they plan to contribute to a chamber that is full of subject-matter experts. None of them were asked if they know how the legislative process works, though they seemed to think that they had ample time for on-the-job training (and to a certain extent yes, that may be the case, but generally you would have some kind of other expertise going into this rather than you think you’ve got a good character). And by treating the Senate seriously in that you’re not asking people who think they should populate it about the chamber itself, it betrays the fact that We The Media seem to have learned nothing about it despite all the stories about it over the past two or three years, from the ClusterDuff fiasco to the solid debates that were had over the assisted dying bill. And that’s really sad, because you would have hoped that we would have learned something about how interesting and vital a place it is in our democratic process, but no, we remain fixated on spending scandals (for whose coverage and pearl-clutching was hugely out or proportion to what had actually taken place for most senators), and not on the actual work of the chamber, and we are all poorer for it.

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Roundup: Segal’s misplaced demand

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Oh, Hugh Segal. While I can understand your concern for your former colleagues, and that there were problems around due process for the trio of formerly suspended senators, I have to say that your demand for a formal apology from the Senate to Mike Duffy, Pamela Wallin and Patrick Brazeau seems a bit…off-base. The three were suspended in large part because of the ill repute that they brought to the Senate, and just because the Crown abandoned charges against two of them in the wake of Duffy’s acquittal, nobody is saying that none of them did anything wrong. A finding that Duffy’s actions were not criminal is far from finding that there was no wrong that had been done – the Senate’s own rules were broken, even in Donald Bayne managed to convince a judge that the rules were vague. Segal is also off-base when he says that the Senate should have spent their energies fixing those rules instead of throwing people under the bus – in fact, the Senate has been working on updating their rules for years, even before the Duffy expenses were brought to light, and that trial hastened the reform process that had already been underway. Saying that they are owed back pay and again forgets that they brought disrepute onto the institution, and were punished for it within the rules of the Senate. Yes, as stated, there were problems with the due process of it, but rules were broken. Expenses were claimed when they should not have been. Calendars were altered, meetings were claimed that did not happen. Official addresses were made where senators did not live. These facts are not really in dispute, and the Senate had an obligation to do something about it, if not for any other reason than to be shown to be addressing the problems that were addressed rather than letting them slide and opening themselves up to even more criticism about letting people get away with it just because they’re senators. Was it embarrassing for everyone involved? Yes. Is it “torture” to still demand that Duffy repay expenses that were proven to have broken the rules? Hardly. Is it the Senate’s fault that the RMCP and the Crown didn’t do a thorough enough job? Not really. In light of all of this, I find Segal’s insistence on apologies to be hard to swallow.

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Roundup: A pointless procedural dust-up

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The shine has come off around the medical assistance in dying bill, as the government decided that enough was enough, and it was time to send it to committee. So they invoked time allocation, and not surprisingly, there was all manner of outcry about how terrible this was, and Conservatives like Jason Kenney equivocating, insisting that they never employed time allocation on such sensitive life and death matters as this (ignoring things like safe injection sites or laws around prostitution as also being life and death matters for those that it affects). Kenney’s later assertions about what this bill will do were also…fanciful to say the least.

https://twitter.com/dgardner/status/727954797190479872

I will say that I have little sympathy for MPs who railed about the government cutting off debate, after two nights of midnight sittings and over 84 MPs having spoken to the bill. This is second reading debate, which is the principle of the bill. And I’ve listened to enough speeches to know that they all basically say “this is a very personal issue,” and “What about palliative care?” with minor variations throughout. The concern trolling about the conscience rights of doctors is also in there, never mind that this is a bill dealing with the criminal code and that issue is one for the provinces who deliver healthcare and the provincial certification bodies for physicians. There remains committee stage debate – which is the real meat of the bill – report stage once it comes back, and third reading debate. If MPs still have things to say, there remain plenty of opportunities, and the government also pointed out that some MPs had been up to speak several times on the bill, meaning that there couldn’t possibly be that many more MPs who needed to speak. And if you’ll forgive my particular cynicism, how many more times do we need to hear MPs read those same sentiments in the record over and over again? The government was already generous in the amount of time it gave to debate second reading – accusing them of somehow stifling debate or invoking closure were both patently wrong and false. And so, once all of the procedural wrangling and grousing was done, it passed second reading by a wide margin. Liberal MP Robbie Falcon-Outlette was the sole member of that party to vote against, and he went on Power & Politics to make a bunch of patently false equivalences between this bill and the suicide crisis in places like Attawapiskat, with a host of intellectually dishonest arguments strewn along the way. The bill also began pre-study in the Senate, where I expect it will get a much tougher ride, and there remains a very real chance that even if the bill passes the Commons unscathed that it will not do so in the Senate, and that it may not pass by deadline.

https://twitter.com/cmathen/status/727990740576403456

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Roundup: Scott Reid’s Senate conspiracy

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There is a certain level of obtuseness that eventually has one seeing conspiracies where none exist. I am forced to conclude that Conservative MP Scott Reid has reached said level in his QP performance yesterday, with regards to the Senate appointment process, and in particular how it applied to future senator André Pratte, and his holding property in the designated Quebec senatorial district that he is due to represent. Pratte has not yet purchased property in that district, and thus, his swearing-in will be delayed until it happens. Reid, however, sees collusion and conspiracy in this. In QP, he phrased it as such:

If Mr. Pratte was on the list, the Quebec board has broken its requirements to only nominate qualified persons. If any of the seven was not on the lists, then the prime minister has broken his promise to rely upon independent advice. And if there was any communications between the prime minister and the advisory board to smooth out these wrinkles, then talk of the advisory board being independent is a farce. One of these three scenarios is what actually happened. Which one is it?

It’s not surprising that Maryam Monsef evaded in her answer, because the question is wholly unreasonable. The qualifications for appointment mirrored the constitutional requirement, but because Pratte has not been sworn in yet, the district question is not yet triggered – he has time to hold the property in that district until he is sworn in. The independent board very likely identified him as otherwise qualified, and asked him about his ability to purchase property in the identified district when he was contacted as part of the process. Pratte himself told the media that he was contacted by the committee and submitted a kind of form to say why he felt he was qualified to them. There is no indication that the Prime Minister had any part in that, and if Pratte says that he was contacted by the Board, it’s quite obvious that he would have been on their short list submitted to the PM. And if the Board recommended him and said “He’s working on the property requirement in the district we’re slotting him into,” that is not collusion or making a farce of their independence – it’s being reasonable with regards to the Quebec requirements. If the Board had to limit their search to qualified candidates who already owned property in said district, it would have needlessly limited them for something that has been common practice for Quebec senators for over a century. That Reid is trying to make a conspiracy out of this is galling, particularly when you consider the issues of other Senators that Harper appointed who had residency issues upon appointment – Mike Duffy, Carolyn Stewart Olsen, Dennis Patterson, and possibly even Pamela Wallin. They were sworn in before they had their own residency issues sorted, Pratte has not been. One shouldn’t be surprised, considering that Reid has been similarly obtuse in his reading of the Supreme Court reference decision on Senate reform, and his demands that short lists be made public (despite the fact that they are not for any other Governor-in-Council appointment). It would be one thing if Reid were simply doing is duty in holding government to account, except that this isn’t it. This is inventing accusations out of whole cloth, and he should know better.

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QP: A death in the House

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The death of Conservative MP Jim Hillyer shocked Parliament Hill, and all plans for the day were cancelled. The Conservatives cancelled their national caucus meeting to mourn instead, and it was agreed that the day in the Commons would be cancelled after a few brief statements of condolence. Hillyer died in his office on Sparks Street at some point either last night or this morning, likely from a complication to a bone infection that he was suffering from, yet nevertheless insisted on coming to Ottawa for budget day.

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Roundup: Warning about possible Senate frustration

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There’s the Senate bat-signal, so here we go again. On Evan Solomon’s radio show, Liberal Senator David Smith suggested that if Trudeau does not appoint a Government Leader in the Senate that it will create frustration in the Chamber if they have no means by which to hold the government to account, and that they could – if it got that far – start to stall or even vote against the government’s legislation as a protest. Mind you, as these things do, the headlines hype it up, but it does point to problems that I outlined in my National Post piece earlier this week. And because I know that some people have suggested it, no, just calling ministers before committee is not enough as it robs the daily exercise of accountability that is Senate Question Period of meaning (as Smith suggested), and those appearances might happen every couple of months. The existing protocol is for the Government Leader to have access to the same briefing books as the Prime Minister. If senators are to do their job of sober second thought and accountability, they need access to information on a timely basis, and the government leader, if he or she can’t provide that answer immediately, takes it under advisement and gets a written response as soon as possible. They have a job to do and they need information to do it. The threats over the past couple of weeks, as overhyped as they have been, have awakened Andrew Coyne’s concern trolling over the Senate’s veto powers, because he apparently doesn’t believe they should have enough power to push back against a majority government when necessary, and would rather the courts do it years down the road. Meanwhile, Senate Speaker Housakos has said that he plans to propose the creation of an arm’s length spending oversight body to give guidance to the Internal Economy Committee, but we have no details on this yet. I would once again caution that we need to ensure that the Senate remains self-governing for the sake of parliamentary supremacy (argued here). I would still like to see Senator McCoy’s proposal for a Senate audit committee comprised of three senators, an auditor and a former judge as the best solution, but I guess we’ll wait to see what Housakos’ proposition is.

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Roundup: May already has a job

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In the wake of Monday’s election results, a number of people have been trying to circulate a few petitions calling on Justin Trudeau to appoint Elizabeth May as environment minster. It’s so ridiculous I barely know where to begin. First of all, why would she cross the floor? There is no need for a coalition government, and for her to abandon the Green Party to join the Liberals would be a bit of a repudiation of what she stands for. It also demonstrates a lack of awareness of what it means to be in a cabinet, which means solidarity with the government’s decisions as a whole. If you don’t agree with all of the cabinet’s decisions, you resign, because cabinet solidarity is part of our system of government. With her many strident positions on various policy files, it’s hard, if not impossible, to see May agreeing with the Liberal positions on so many files. Most of all, this call demonstrates a complete inability for people to appreciate the role that the opposition plays in our system of government. It’s vital, because it holds the government to account – and why wouldn’t you want May to be holding the government to account over their environmental policies? Why would it be a lesser job for her to be doing the holding to account? In the romantic notion that people have that everything should somehow be done by consensus, they don’t appreciate that there is a role for accountability when there is disagreement. It doesn’t need to be nasty – which is unfortunately where we’ve wound up in recent years because of the kinds of culture that has been allowed to breed in parliament – but it can be principled and fair, and certainly May is providing that kind of opposition. Trudeau is making other inroads, such as inviting her and other opposition members to the Paris climate summit – former practice that Harper abandoned when he decided that only his ministers should be allowed to attend these kinds of things. Can May play a role in the system? Absolutely, and she does? That doesn’t mean that she needs to be given a seat at the cabinet table. That’s just ridiculous.

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Roundup: May’s magical thinking

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It was Elizabeth May’s turn to go before Peter Mansbridge last night, and as with all other leaders, she too got the basics of government formation wrong – but unlike the others, May just got it wrong in a different way. She insisted that if Harper got a minority government, the opposition parties should be able to call the Governor General to insist that they get a chance to form government before Harper. Nope, that’s not how it works, because the incumbent remains the Prime Minister until he or she resigns. That’s because the position can never be vacant. Ever. Her Majesty must always have a government in place, and it’s the GG’s job to ensure that happens. So really, no matter the result on election night, the leader whose party wins the most seats isn’t invited to form government – the incumbent is still the government until they choose to resign, which may or may not involve testing the confidence of the Chamber first. May also revealed that she has the GG’s number and will make that call herself, as though he is obligated to take it. Remember of course that May has also previously written the Queen about issues, and treated form letter responses as vindication. It’s part of her particular problem of over-reading her mandate – she’s hugely conflated her role as an MP with that of being in government in the past, and it’s a problem with how she interacts with the system. It’s also part of her curious insistence that somehow, a handful of Green MPs sitting in opposition and not in a coalition cabinet would magically make a minority parliament a less fractious place. How, exactly? Did none of the proponents of more minority governments learn any lessons from the three minority parliaments prior to 2011? Apparently not, because the magical thinking prevails.

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Roundup: Stacking the panel

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The government has unveiled how they’re going to respond to the Supreme Court’s ruling on doctor-assisted dying, and it could not be any more spineless if they tried. Having first ignored the issue in Parliament for decades, they waited for the courts to tell them to do something, and by something, they decided to appoint a three-person panel to hold more consultations and come up with recommendations. In other words, outsourcing their response. But wait – it gets better. Two of the three members of this panel are opponents to doctor-assisted dying, and testified on the government’s behalf during the court cases. The third member, a former Quebec cabinet minister, is vested in the issue of provincial jurisdiction. In other words, the government has decided on the outcome they want, and stacked the panel in such a way as to deliver it. We shouldn’t be surprised by this response, considering how closely it mirrors what happened with the Bedford decision on prostitution. Rather than actually heed the decision and what it said about safety and security for sex workers, the government stacked their consultations in favour of opponents and religious institutions, dismissed as much expert testimony as they could in committee hearings, and drafted a bill that substantively does not change the situation for those sex workers when it comes to their safety, and will in fact just drive the industry further underground by criminalising buyers, and all the while touting that they were listening to the responses from their consultations. Watching them do the same with the assisted dying issue is proof positive that this is a government that refuses to make any hard decisions. (On a related note, here’s an interesting analysis of the Court’s decision in the case from Michael Plaxton and Carissima Mathen).

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