Roundup: Pushing more policy to the courts

There’s this terrible idea that keeps circling, and here it comes again, which is the idea that we should enshrine environmental rights in the constitution. David Suzuki is going around trying to make this happen once again, concerned that like the coming Trumpocalypse in the States, that one bad election in Canada and any progress we’ve made on environmental laws would be set back. And while this kind of thinking – insulating environmental laws in a more robust constitutional framework – sounds good on its face, its proponents need a good smack upside the head.

Why? Because this is a democracy, and what they are trying to do is take the environment out of the role of the government, and put it in the lap of the courts. No longer should the people decide on an important area like the environment, but instead, we’ll ensure that unelected judges with no accountability are the ones who are now determining policy. Add to that, I’m not sure that the courts have the competency to do be making these kinds of policy determinations, and yes, that is an issue that this proposal doesn’t seem to talk about. It’s disturbing that Suzuki and his ilk are trying to diminish the role of democracy in favour of a more technocratic approach to government, no matter how much importance one places on environmental policy. We have a system of government which is supposed to hold the government of the day to account, and usually it’s pretty successful. It held the Conservatives to account after they abused the public trust on things like the environment file, and were duly punished for it at the ballot box, and when you look at recent elections like that in the Yukon where the environment was apparently an issue, the party that was more reluctant to take action was punished for it. You don’t need to yet again turn everything over to the courts in order to take action – just mobilize enough popular support to the cause. It can and does happen, but to simply suggest that politics has failed and the courts should handle it is the kind of thinking that makes me really, really uncomfortable because of where it leads.

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QP: The coming Trumpocalypse

With Justin Trudeau and much of the cabinet off at an investor summit in Toronto, the front bench was full of seat warmers, but there were still 17 ministers present, which is okay for a Monday. Rona Ambrose led off, warning that the new Trump era will mean a carbon tax sets Canada up for failure. Dominic LeBlanc responded, saying they were looking to transition to a low-carbon future, and that the government looked forward to working with the new administration. Ambrose warned that while the Americans are our closest allies, they’re also our biggest competitors. LeBlanc noted the COP22 conference taking place right now, and that pricing pollution was good for our economy. Ambrose wondered about the future of the Keystone XL pipeline, at which LeBlanc said that it was the company that needed to reapply for a US permit, not the Canadian government. Ambrose demanded public support for the pipeline,  but LeBlanc stuck to fairly anodyne talking points about working with the incoming administration. Ambrose then moved onto NAFTA and the uncertainty the PM created by saying he would renegotiate it. Stéphane Dion said they looked forward to working with the US administration on a number of issues, including trade. While Thomas Mulcair was present, it was actually Jenny Kwan who led off for the NDP, demanding that mothers not be punished with CPP benefits changes. Jean-Yves Duclos said that the CPP changes were important, and that he was glad to see that they had other points of view to further improve the CPP. Brigitte Sansoucy asked the same in French, got the same answer, before Tracey Ramsay asked about the TPP, softwood lumber, and NAFTA renegotiation. Dion said that they were still consulting on the TPP, and when Karine Trudel asked the same in French, she got the same answer.

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Roundup: Six more makes a full chamber

The final six Senate appointments have been made, all from Québec, and all were very much in the same pattern that we’ve seen to date from this government – well qualified, certainly, but without much in the way of ideological diversity, and as of yet, no new openly LGBT senators (that are very much needed). There could very well be some selection bias at play here, which is part of why asking people to apply rather than seeking to nominate people continues to be a problem, and promises of transparency would mean some kind of a statistical breakdown of the short lists presented to the PM, but one doubts that will ever happen.

Now this all having been said, the performative outrage by a number of Conservative senators is getting to be really tiresome. I am also failing to see the logic in how appointing a bunch of partisans and telling them that they are to be whipped (which no, senators are not supposed to be) is somehow preferable and “transparent” than it is to appoint a number of ideological similar individuals who aren’t assigned a party label, nor are they being told that they’re subject to a whip. It really makes no sense, particularly when there are all manner of other perfectly legitimate criticisms that can be levelled at the nomination process and the pattern that has emerged from the appointments, but to insist that it’s all a “con job” is really, really rich. It’s bad if they all vote for the PM who appointed them if they are “independent,” but it’s a-okay to vote under an illegitimate whip by the PM who appointed them so long as it’s under a party banner? Huh? (Also, to correct Senator Housakos, nothing stops any of these new senators from joining a caucus of their choice).

Meanwhile, we’re going to get more grousing about committee slots and research budgets, but honestly, that’ll work itself out within a few weeks and bellyaching won’t actually help make the process work faster or better. There is also some grumbling right now that the current crop of independent senators haven’t managed to fill the two slots per committee they’ve been allotted as is, so why give them yet more seats? It will happen, but the rules don’t really allow committee reconstitution until a prorogation anyway, so I’m not sure why there’s such a rush. Better to let the process take the time it needs rather than going too fast and ballsing it up and creating room for unintended consequence.

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QP: A hyperbolic nightmare

After yesterday’s fiscal update and everyone being revved up in the morning caucus meetings, it was close to a full house in the Commons for QP today with all leaders present. Rona Ambrose led off, describing the fiscal update as a “nightmare” of no jobs and higher taxes. Justin Trudeau reminded her that they lowered taxes on the middle class and that their infrastructure investments would create jobs. They went for another round of the same, and then Ambrose moved onto the planned closure of the Vegreville immigration processing centre. Trudeau responded with some bland points about the aid they’ve given to Alberta, but didn’t really answer the question. Ambrose then moved onto brandishing the name Kathleen Wynne as a segue to fundraising issues. Trudeau responded with the bland assurances about federal rules being the toughest and they were respecting them. Ambrose raised the issue of their ethical guidelines, and Trudeau assured her that they were following those guidelines. Thomas Mulcair read out the ethics section of the ministerial mandate letters, and Trudeau repeated that they were open, accountable and were accessible to all Canadians. Mulcair repeated him in French, and Trudeau insisted that they were open with their fundraisers. Mulcair asked Trudeau about the electoral reform townhall he head and what system got the most support — fishing for endorsement of PR. Trudeau didn’t take the bait, and praised consultations with Canadians on the subject. Mulcair came out and said that PR was reported to be the preferred system and why wasn’t he listening to “evidence” on the system. Trudeau gave some bland assurances that they were listening about the best way to reform the electoral system.

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QP: In advance of the fiscal update

Just before the fall fiscal update was to be delivered – in the Commons for the first time in a decade, mind you – Justin Trudeau was elsewhere, despite all other leaders being present. Rona Ambrose led off, raising the forthcoming fiscal update and wondering why the government was doubling down on its failed plan. Bill Morneau said that he was looking forward to talking about the long-term impact of their measures. Ambrose noted that the infrastructure plan only got one project going, but Amarjit Sohi disputed that characterization and praised the agreements with the provinces. Ambrose decried tax increases, and Morneau retorted with the tax cuts they put through in the last year plus the implementation of the Canada Child Benefit. Ambrose then tried to equate Trudeau’s cabinet with Kathleen Wynne’s staffers facing provincial charges as a segue to fundraising issues, and Bardish Chagger read her standard response about the federal rules. Ambrose changed to French and raised the Chrétien-era staffer who was found guilty for Sponsorship-scandal related fraud charges, and Chagger simply repeated her response in French. Thomas Mulcair was up next, asking about police surveillance of a journalist in Quebec. Ralph Goodale responded about the gravity of the situation and the values of freedom of the press, which is spelled out in a ministerial directive. Mulcair pressed, and Goodale spelled out the Supreme Court five-part test. Mulcair moved onto fundraising, and Chagger repeated her standard response. Another round of the same got no different answer.

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QP: Building a conspiracy theory

Even though Justin Trudeau was not off to Europe for the CETA signing, he was not in Question Period, nor was Thomas Mulcair. Rona Ambrose led off, demanding transparency on the mission in Iraq, saying that the training mission has changed (never mind that it was always billed as “advise and assist.”) Marc Garneau answered, somewhat unexpectedly, and noted that it was advise and assist by that they needed operational security because Daesh was sophisticated. Ambrose tried again, and Garneau repeated the response, but added that a new medical facility in Iraq was being installed. Ambrose then moved onto fundraising and raising the spectre of the lobbying commissioner investigating, but it merely merited a recited response on the strict federal rules. Denis Lebel was up next and raised the issue of a veteran who faced discrimination for her sexual orientation, and Garneau reminded her that society had changed and they were working on a whole-of-government response. Lebel then moved onto the PBO report on the labour market and the loss of jobs reported. Jean-Yves Duclos noted that they were working on job creation. Tracey Ramsey led off for the NDP, decrying the EU trade agreement and the investor-state dispute settlement mechanism. Chrystia Freeland read her astonishment at the lack of NDP support for a progressive trade agreement. Alexandre Boulerice asked again in French, raising the spectre of Quebec dairy farmers and drug prices, but Freeland’s answer didn’t change. Boulerice then raised the fundraising rules, Chagger gave her rote response on federal limits, and Tracey Ramsey gave another go in English for the same response.

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Roundup: Questions about ordered repayments

Conservative-turned-independent Senator John Wallace is asking questions around the decision to withhold Senator Mike Duffy’s salary to repay inappropriate expenses that were uncovered as part of his court case, and in particular, whether the Internal Economy Committee’s three-member steering committee has been exceeding its authority in making decisions without the full committee signing off. The steering committee after all is supposed to be limited to some administrative matters, but in cases of “emergency,” they can do more. So was this an emergency? There is the argument that the decision was made over the summer when the full committee could not meet, and it was in accordance with rules laid out as part of the broader expenses issue and dispute resolution process, which Duffy did not avail himself of, his lawyer insisting that he was “fully exonerated” by the judge in his court case (which is not what the judge said, but rather that what he did simply didn’t meet the threshold of being criminal, and yes, there is a vast difference). With a case as high-profile as Duffy’s, the fact that inappropriate expenses have been flagged meant that the appearance of doing something about recovering those expenses was a very real consideration for the continued public legitimacy of the institution whose reputation has taken a beating, and letting Duffy get away with those inappropriate expenses would continue to damage the institution in the eyes of the public. But, that having been said, was this a decision that could or should have waited for the full committee to decide up on in the fall, and is this a case of procedural unfairness or worse, of a lack of any kind of due process, as has happened on more than one occasion as this whole expenses issue has reared its head? I’m not sure, but it does bear asking. I do think that something needed to be done to address the issue in a timely manner because the Senate has to rebuild its public image after senators like Duffy have done so much to muddy it, but whether what happened was right, well, that’s not a question I can answer.

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Senate QP: The loquacious Mr. Goodale

This week’s ministerial Senate Question Period featured special guest star Ralph Goodale, minister of public safety. Senator Carignan led off for the opposition, asking about PTSD for RCMP, and the delays in passing the Senate amendments to Bill C-7 on RCMP unionization and whether the government was going to seek another judicial extension on it. Goodale said that they were considering the amendments and were consulting with their stakeholders to determine the nature of their response, and then said that they were working on coming up with policies for PTSD in first responders.

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QP: Demanding a firm commitment on Yazidis

All leaders, permanent or interim, were present for QP today, and it feels like a while since that has been the case. Rona Ambrose led off, mini-lectern on desk, demanding to know how many Yazidi refugees the government would bring to Canada in the next 120 days. Trudeau thanked her for her leadership on the file, and committed to doing so, but didn’t provide a number. Ambrose asked about the call for Chancellor Merkel in Germany to create security zones in Iraq, and Trudeau committed to more aid for refugees. Ambrose moved onto CETA, and demanded Trudeau get on a plane and do anything necessary to get the deal signed. Trudeau reminded her that they already made progress on getting ISDS, and he expected good news in the coming days. Ambrose changed topics again, raised the Medicine Hat by-election as a pronouncement on the carbon tax schemes, and Trudeau promised more visits to Alberta. Ambrose then moved again, this time onto “cash-for-access” fundraisers, and Trudeau reminded her that the low personal limits in Canada ensured that there were no ethical problems. Thomas Mulcair was up next, and tried to go after the same issue, and Trudeau reminded him that looking south of the border, our system was well above and repeated that the low limits meant there were no ethical issues. Mulcair tried again in French, got the same answer, and then moved onto the situation at Muskrat Falls and the health of those Aboriginals who rely on fishing in the area. Trudeau reminded him that the provinces were working on the issue, and he trusted them, and they went one more round in English.

https://twitter.com/aaronwherry/status/790982900221091841

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Roundup: Fundraising fears

It’s been a curious thing the last few days, watching in QP as the Conservatives are tearing their hair out over this Bill Morneau fundraiser in Halifax and raising the spectre of the wealthy contributing to politics, and calling Bill Morneau a millionaire like it’s a bad thing. As though suddenly the Conservative Party of Canada has become overrun by socialists or something. Really, it’s just their cheap populism run amok, trying to cast themselves as champions of ordinary Canadians (never mind that their policies disproportionately aided wealthier Canadians during their decade in power), and if they really were the champions of the working class, you would think the rest of their policies to date would be different (such as around labour unions or the Canada Pension Plan, or anything like that), but no. And if you think this is really a question about ethics or conflicts of interest, well, no, the Ethics Commissioner herself has stated that this fundraiser was above board, but hey, if they wanted to tighten the rules around fundraising, she’s been asking them to do that for years and after a decade in power, they wouldn’t do that either. So here we are, with a desperate attempt to frame perfectly above-board fundraising as “cash for access” and somehow comparable to the situation in Ontario, which it’s not. Meanwhile, Howard Anglin had a perfectly apropos tweet storm on this, so I’ll let him finish off here.

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