After a number of press conferences and stats on the situation in Fort McMurray, there was a bit of a somber mood in the House. It was also Star Wars Day (“May the 4th be with you”) so there’s that.
For #StarWarsDay, I'll try to spice up my #QP tweets a little. pic.twitter.com/nllNzH9ldB
— Dale Smith (@journo_dale) May 4, 2016
Rona Ambrose and the opposition are ready to go. #QP pic.twitter.com/xqzed8AmKf
— Dale Smith (@journo_dale) May 4, 2016
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.
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.
New AG report out today, and it doesn't come up once in the leaders' round. So there's that. #QP
— Dale Smith (@journo_dale) May 3, 2016
While Justin Trudeau was in Toronto to meet Prince Harry and launch the countdown to next year’s Invictus Games, the rest of Parliament was getting down to business. Rona Ambrose led off, mini-lectern on desk and raised the surplus figures in the Fiscal Monitor. Bill Morneau said that the department continues to tell him that the year will still end in deficit, but those figures won’t be available until September. Ambrose worried that Canadians can’t trust him if he ignores basic facts, to which Morneau gave some bland praise for their fiscal programme for the middle class. Ambrose then repeated her first question in French, and got the same answer from Morneau in French. Denis Lebel got up next, and asked the very same question, and got the very same answer. Lebel closed with a question about support for the forestry industry, to which Kim Rudd read some praise for the sector as part of the government’s commitment to innovation. Marjolaine Boutin-Sweet led off for the NDP, decrying that the government wasn’t bailing out Bombardier. Navdeep Bains insisted that the government understood the importance of the sector, and that they were trying to set it up for success in the long-term. Boutin-Sweet then decried the loss of jobs inherent in Bill C-10, for which Marc Garneau insisted that the bill mandated jobs be in three province, and said the bill would clarify the law to prevent future lawsuits. Nathan Cullen was up next, demanding a legislated tanker ban on the North Coast of BC. Garneau said that he was in the midst of working on this with his cabinet and provincial colleagues. Cullen railed about the issue further, and Garneau repeated his answer in French.
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.
After a full day in court, bits and pieces come back to you later. Right now it’s the assertion that Mike Duffy had no motive for fraud.
— David Reevely (@davidreevely) April 21, 2016
He and his wife Heather had money, exhibits showed. Not a ton, but enough cash and access to credit for all their needs.
— David Reevely (@davidreevely) April 21, 2016
Also, Duffy pocketed no cash from any of his impugned transactions. No deposits went into his account. No kickbacks.
— David Reevely (@davidreevely) April 21, 2016
I don’t really get how that would mean he’d have no motive to put tens of thousands of dollars in trips, etc., on the taxpayer.
— David Reevely (@davidreevely) April 21, 2016
Like, I can afford to buy my lunch. But if I find a way to bill the $8 to my employer, I still have $8 more for whatever I want.
— David Reevely (@davidreevely) April 21, 2016
It was a headshaker for me when Don Bayne argued it, and a headshaker again to hear the judge repeating it.
— David Reevely (@davidreevely) April 21, 2016
One thing that counted in Duffy’s favour, when it came to both residency and expense claims, was that he checked with other people.
— David Reevely (@davidreevely) April 22, 2016
He was concerned about his residency status in PEI when he was first appointed. The Ctown Guardian ran an op-ed saying he wasn’t resident.
— David Reevely (@davidreevely) April 22, 2016
So Duffy went and asked some people. The PM, Marjory LeBreton, David Tkachuk, the Senate Tory “guru” on such rules.
— David Reevely (@davidreevely) April 22, 2016
He was assured it would be fine, and acted on those assurances, and that helps his argument that he had no guilty mind.
— David Reevely (@davidreevely) April 22, 2016
All those people, of course, had a powerful interest in reassuring Duffy that it would be fine, and then in suppressing criticism.
— David Reevely (@davidreevely) April 22, 2016
While Justin Trudeau was at Gleason gym in Brooklyn, and the Duffy verdict being read out a few blocks away, QP was ramping up for another scintillating session. In the lead up to QP, MPs sang a round of “Happy Birthday” and “God Save the Queen” in honour of Her Majesty’s 90th birthday, followed by a moment of silence for the National Day of Mourning. Rona Ambrose led off, complaining about the demise of the child sport tax credit. Bill Morneau reminded her that the new Child Tax Benefit offers more money for all families to use as they see fit. Ambrose asked again in French, got the same answer, and then moved onto complaining that the Liberals voted down her motion to declare ISIS a genocide. Stéphane Dion reminded her that the official recognition of genocide was serious and should only happen after an international investigation, which is what he was pushing for. Denis Lebel was up next, asking about the aluminium industry in Quebec. David Lemetti reminded him that they are working on the issue. Lebel asked about the issue of diafiltered milk, and Jean-Claude Poissant, responded that they were working on it. Thomas Mulcair was up next, and denounced Bill C-10, refusing to call Marc Garneau by his title. Garneau responded that they were going to rush the bill, which the NDP trie to kill. Mulcair then suggested that it was Carolyn Bennett who let the Catholic Church off the hook for Residential Schools. Bennett listed the dates to prove that it was the previous government, and the government couldn’t force the Church to do anything. Mulcair then changed topics to the Saudi arms deal, at which point Dion repeated Mulcair’s statements on honouring the agreement during the election. Mulcair thundered that the Liberals weren’t defending human rights, and Dion kept reminding Mulcair of his own words on the contract.
Caucus day, and all of the leaders were present for the only time this week, Trudeau heading to New York for the rest of the week after things wrapped up. Rona Ambrose led off, mini-lectern on desk, and quoted the PBO’s report yesterday, accusing the PM of misleading Canadians on basic facts. Trudeau thanked the PBO for his report, and noted their commitments to things like a larger tax-free child benefit for nine out of ten Canadians. Ambrose wondered how Canadians could have confidence that the government could protect their jobs, and Trudeau reeled off his list of promises of investments. Ambrose then wondered why the BC LNG projects weren’t moving forward. Trudeau reminded her that they couldn’t get the job done because they didn’t care about the environment at the same time as the economy. Denis Lebel got up to repeat the PBO questions in French, got much the same answer in French as before. Thomas Mulcair was up next, and raised the problem of veterans who have to fill out forms every year to prove that their limbs have not grown back. Trudeau reminded him of the promise to make record investments in veterans. Mulcair snidely called out the talking points and demanded an answer for this particular case. Trudeau reminded him of the mandate letter to his minister on the sacred obligation to veterans and that they were cleaning up the mess left by the previous government. Mulcair demanded marijuana decriminalisation immediately in the lead-up to legalisation, and Trudeau first remarked that it was always a surprise which position Mulcair held on marijuana on every given day, and noted that decriminalisation was a pipeline to profits for criminal gangs. Mulcair thundered about it one last time, and Trudeau repeated that legalisation was all about protecting children and starving criminal gangs.
There was an interesting read over on Policy Options yesterday that all MPs should be paying attention to: a reminder that they should watch what they say in when speaking about bills, because the courts (and most especially the Supreme Court of Canada) are checking Hansard. When it comes to challenging laws, particularly Charter challenges, the issue of legislative intent is often raised, and the courts are forced to determine what it was the government intended to do when they passed these laws, and that can matter as to whether those laws will survive a Charter challenge. And if MPs – and most importantly ministers – give speeches full of bafflegab and meaningless talking points, it muddies the record that the courts rely on. The example here was the bill eliminating time-served sentencing credits, by which the court examined Rob Nicholson’s statements and tested them against the results of the law and found that no, eliminating the sentencing credits didn’t enhance public safety or confidence in the justice system. I would also add that it’s yet another reason why Senate committees have particular value, particularly when it comes to contentious bills that perhaps shouldn’t pass but do anyway under protest. Because their findings are on the record, when those laws inevitably wind up in the courts, those same objections can be read and taken into consideration. So yes, your speeches and work in parliament does matter, probably more than you think. Just be sure to use your words wisely, because they will come back to haunt you.
Tuesday, and only two of the three main leaders were all in attendance, possibly for the only time this week. Rona Ambrose led off, mini-lectern on neighbouring desk, and raised the subject of that Torys fundraiser that Jody Wilson-Raybould attended. Justin Trudeau noted that the rules were followed, the Conservatives were convicted of election fraud, and Conservatives had been convicted of election fraud. Ambrose said that when their government had a similar issue “from a mistake” that they paid it back — not actually true, as Shelly Glover attended a fundraiser with people who were looking to her for grants, and thus was not a similar situation. Trudeau noted that they only paid the money back when they got their hands caught in the cookie jar. Ambrose gave it one last shot but got the same response. Denis Lebel took over, and railed about the figures in the budget, and raised quotes from the parliamentary budget officer. Trudeau insisted that no, his government was being open and transparent. Lebel then raised the old bill C-377 and now it was all about union transparency. Trudeau reminded him that it was actually about using transparency against their rivals, which was not what his government was about. Leading for the NDP, Hélène Laverdière asked about the signing of the Saudi LAV export permits, and Trudeau said that he would not renege on a deal and he had confidence in Dion. Laverdière demanded the contract be made public, but got the same answer. Nathan Cullen then decried the lack of new GHG targets, for which Trudeau reminded him that they are working with the provinces. Cullen asked again in English, and got the same response.
Despite it being Monday, none of the leaders were in the House (save, as always, Elizabeth May), which is starting to feel like a bad old habit making a comeback. Denis Lebel led off for the Conservatives, first offering condolences for the Quebec family that died in the Ecuador earthquake, and asked for an update on Canada’s efforts. Marie-Claude Bibeau noted the support they were offering to that country. Lebel then pivoted to a demand to know which taxes the Liberals plan on raising to pay for their spending. Bill Morneau responded that they were investing as it was the right time to do so. Lebel switched to English to decry the lack of transparency, to which Morneau insisted that they were being open and transparent, and said that they only showed two years in the budget so as to show that they have work to do. Andrew Scheer bemoaned the “mean-spirited” ways in which the budget rolled back Conservative programmes like income splitting. Morneau insisted that the new measures would help more families than the old programmes. Scheer then launched into a question laden with lame sports puns, but Morneau repeated his assertions. Peter Julian decried a cocktail party that CRA officials attended along with firms like KPMG. Diane Lebouthillier noted that it was an event held by the Chartered Professional Accountants, which many employees are members of. Peter Julian tried again, ramping up the conflict of interest accusations, and got the same answer. Hélène Laverdière worried that human rights were not on the ambassador’s priority list in Saudi Arabia. Pamela Goldsmith-Jones said that Canada does not miss any opportunity to raise human rights with anyone including Saudi Arabia, nor did they miss an opportunity for positive engagement. Laverdière asked again in French, and Goldsmith-Jones reminded the NDP that they supported the LAV sales as well.