Roundup: The cynicism of Kellie Leitch

As it turns out, would-be Conservative leadership candidate Kellie Leitch has opted not to recant her survey question on “screening” immigrants and refugees for anti-Canadian values, and has doubled down on it by insisting that there is a conversation to be had, and suggested that there was merit to the “barbaric cultural practices” tip line, but that it had simply been communicated poorly. Thus far, only Michael Chong has bothered to respond and refute the narrative that Leitch is putting forward.

https://twitter.com/inklesspw/status/771831806165344257

https://twitter.com/emmmacfarlane/status/771848455086039040

Objectively, Leitch’s concerns about keeping Canada safe are nonsense because all of our domestic terror incidents have been home-grown and self-radicalizing lone wolves. That she thinks there are unified “Canadian values” are also hugely problematic because there are plenty of Canadians who are intolerant of other religions and cultures (particularly of Muslims), sexual orientations (hell, two of her other putative leadership candidates are running on socially conservative platforms that are downright homophobic), violence and misogynistic behaviour is prevalent if not endemic in our own culture, and the embrace of personal and economic freedoms is a dubious metric, especially as her own government was perfectly willing to curtail personal freedoms in the name of national security. The myth of shared values is nothing new, however, but it is just that – a myth. Add to that the notion that these values are something that can be tested or screened. Is Leitch somehow proposing polygraphing all prospective immigrants or refugees on these issues? Or, as I was not even really joking yesterday, hiring a bunch of telepaths to find out if they’re hiding something. It’s not even that this is dog whistle politics, it’s that the country repudiated this kind of thinking in the last election in a pretty big way. Leitch trying to adopt the language of Donald Trump to try and bring together her party’s base is deeply cynical and Leitch should know better (presuming she has the EQ to realize it, which I suspect she doesn’t).

In other Conservative leadership news, anti-abortionists are ready to back Pierre Lemieux and Brad Trost, and probably Andrew Scheer if he winds up running again. Martin Patriquin in Maclean’s argued why these kinds of leadership candidates will continue to hurt the party’s brand.

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Roundup: Petty, unhelpful suggestions

The fact that Mike Duffy’s expenses have reignited an old and frankly tiring debate on whether Senators should be able to claim for their legitimate work expenses, or whether it’s this particular shameless senator whose expenses, however legitimate, are forever tainted. We can look and see competing editorials from the likes of Robyn Urback, who is justifiably dubious about the whole thing given the history and cloud that remains around Duffy’s primary residence, and Kady O’Malley, who notes that Duffy’s current expense claims are entirely legit so we should stop begrudging them (while not forgiving past transgressions either). But of all the commentary that I’ve seen in the past week, the least helpful comes from within the Senate itself.

When asked about the whole Duffy ordeal, the Conservative Senate leader, Claude Carignan mused about how the Senate’s rules may still need to be updated, which I’m not quite sure how much more stringent they need to be at this point considering how much they’ve come in the past two years (and for years before that), and it sounds a lot like he’s trying to play along with the attempts at cheap public outrage over the whole thing, while simultaneously ignoring the fact that Duffy’s residency issue remains a problem from the manner in which Stephen Harper appointed him, and a Harper loyalist, Carignan is almost certainly loathe to criticise that decision. But it got worse. Carignan then basically dumped the problem into the lap of Senator Peter Harder, the “government representative” as though he were somehow able to do something about it. As Carignan, a former Government Leader himself should know, it’s not up to the Government Leader to shepherd rules changes considering that Senate Rules are the domain of the appropriately named Senate Rules committee, and that expenses are the domain of the Internal Economy Committee, and last I checked, Harder is not a member of either committee, nor does he have a caucus that has senators who sit on those committees. In other words, he has no senators that he can use to exert any kind of influence over in order to make those changes. With these facts in mind, I’m not sure why Carignan would suggest that rules changes need to be spearheaded by Harder except that it’s more petty politicking, trying to undermine his (already shaky) legitimacy, while looking to absolve himself of any responsibility event though Carignan controls the largest caucus in the Chamber. If we need to have a discussion about how the residency rules need to continue to evolve, then great, let’s do that. But to try and play this particular game about it is really beneath Carignan’s position and he should know better.

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Roundup: Segal’s misplaced demand

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 milestone Pride

Though he had committed to it long before the shootings in Orlando, there was a particularly importance to the visibility that Canadian political leaders brought to Toronto Pride this year, and for the first time, a sitting Prime Minister marched, alongside an openly lesbian Ontario premier. For the first time, the Conservative party leaders, both federally and provincially marched, along with leadership candidates Maxime Bernier, Kellie Leitch, and Michael Chong (and Lisa Raitt, should she decide to throw her hat into the ring). Absent however was outgoing federal NDP leader Thomas Mulcair, which is unusual considering how the NDP generally pride themselves on being at Pride. And yes, Elizabeth May was there for her tenth year in a row as well. This year, being in the shadow of Orlando, was a reminder that yes, Pride is political, and the actions of Black Lives Matter Toronto added to that politicisation (make of their tactics what you will). That you had the entire political spectrum in Canada represented for the first time was a milestone worth noting.

In a place where a Pride parade really matters, one happened in Steinbach, Manitoba, after much pushback from the local political leaders, in a place where openly gay and lesbian people have literally been run out of town by harassment and bullying. Visibility is important, particularly in these smaller towns where ignorance and fear go hand-in-hand, making the need to be visible all the more important, lest nothing change.

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Roundup: Another incoming mass appointment

The government’s permanent Senate appointment board is set to get underway “within days” to get to work on filling the remaining 19 vacant Senate seats, but if you listen very carefully, you can hear my alarm going of that the way they appear to be planning to do this is a Very Bad Idea. Specifically, it certainly looks like the plan is to appoint all 19 in one fell swoop by the fall, and I cannot stress enough how much of a really, really bad thing this is. It’s like nobody learned any of the lessons from the glut of 18 panic appointments in 2008, and how badly that stressed the Senate in its ability to absorb that many new members at once, and the fact that it had a negative effect on their independence because it meant that the government at the time pretty much controlled them and exercised a heavy whip hand because there wasn’t time to let them integrate at their own pace. The seven appointments made this spring, without a government or caucus to guide them, put them on a steep learning curve and left them with little in the way of logistical support for setting up their offices, which isn’t exactly ideal either. That Peter Harder has now created for himself a new quasi-whip (ahem, styled “government liaison”) that has the capacity to help them with some logistics issues, barring the Independent Working Group being in a position to offer that support as well if they are in a position to do so, may wind up being one less stressor for the individual appointees, but that still doesn’t neglect the fact that mass appointments are bad for the system. Because of the nature of the Senate, it works best when individual vacancies are filled as they happen, and that those new senators gradually get up to speed, given the unique way that the chamber operates, and that really is a process that can take two or three years to get fully into it. But the government sitting on the appointment process as long as it has, in order to do these appointments in one fell swoop, is a problem, and it’s yet another problem of their own making, which is a consistent pattern when it comes to the Senate. It’s one thing I hope that does come out of this Federal Court challenge to Senate vacancies – that there is a declaration that sets a time limit for when vacancies must be filled, so that it cuts down on future mass appointments, on top of ensuring that those regions have their proper representation as they are guaranteed under the Constitution, because yes, these things do matter.

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Roundup: Big tent divisions

There was an interesting and perhaps somewhat revealing interview in The Hill Times yesterday where openly gay MP Rob Oliphant let it be known that despite the outward acceptance of LGBT issues in the Liberal Party, it is not a universally held opinion, and that there are still undercurrents of the “love the sinner, hate the sin” attitude that still reside within some of its members. As an example, MP John McKay – a noted evangelical Christian – was quoted as saying that his feelings about same-sex marriage haven’t changed, even though he considers the issue settled. It’s that line between tolerance and acceptance, and Oliphant rather adroitly points out that the line is still there within his own caucus. It also seems to me to be a kind of oblique explanation for why the government wound up taking such a tough line on the assisted dying bill – to the point that they would rather see it go back to the Supreme Court of Canada in order to suffer a defeat and be “forced” to deal with the issue as it was originally laid out in the Carter decision rather than to go along with it on their own. There are other lines within the party where Trudeau has forced the issue with his candidates and caucus, such as abortion (McKay being an opponent, as was Lawrence MacAulay until Trudeau’s edict), and it would seem that the same line is being threaded with the assisted dying issue. The difference is that with this one, Trudeau did not force the issue with his caucus and insist that this is a Charter issue that they will be whipped on (never mind that the Carter decision very clearly stated that yes, this is a Charter issue and this is why the current law is not adequately ensuring access for these Canadians with grievous and irremediable suffering). And it did seem that it was originally going to be the case where this was going to be a whipped vote on Charter lines, but he backed away from that under some public pressure from the media. How much of that was from push-back from the caucus and the broader party membership remains to be seen, but it would seem that the attempt to create the broadest possible tent is forcing some uncomfortable compromises, and in this case, Trudeau made the calculation that this wasn’t a battle he was willing to fight within his own base, never mind that he had the Charter argument right there. Instead, we are left with an inadequate law that will be challenged again (and one hopes not at the expense of another suffering family), and the reminder that while the public face of the Liberal Party is one of progressivity, there remains a social conservative undercurrent of the party that the leader’s declarations haven’t entirely done away with.

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Roundup: Parliament’s ongoing abdication

After a day of impassioned and indeed blistering speeches, Bill C-14 has passed the Senate without its key amendment that would remove the “foreseeable death” restriction, and has received Royal Assent, making it law, but it wasn’t done without more damage done to our parliamentary system. No, I’m not one of those pearl-clutchers who saw the Senate doing its job in standing up against unconstitutional legislation as being some kind of anathema or affront to the democratically elected Commons – indeed, anyone who listened to Senator Serge Joyal’s speech yesterday about all of the times that the elected majority in the Commons used their powers to strip away people’s rights should see that’s why simply hand-waving about “democracy” can’t be an argument that holds water – but rather, it was the burden that is being placed on the Supreme Court of Canada and those who must challenge this legislation that is the affront. The prevailing sentiment in the chamber became “this is going to be challenged, and we did as much as we can so now it’s up to the Supreme Court,” when no, the Senate could have dug in their heels and used the powers available to them under the constitution and threaten to defeat the bill outright because of the grave doubts about its constitutionality if the government didn’t back down. Joyal tried to move an amendment that would restore the previous amendment with a proviso that it be suspended for up to two years until the Supreme Court could weigh in on its constitutionality, which was a compromise that I remain uncomfortable with because I don’t like the fact that we are increasingly demanding that the Supreme Court weigh in on bills as though legislating were a game of “Mother May I?” I was almost convinced, however, by the fact that doing it this way would be at the government’s expense rather than at the expense of a family with a suffering member who would need to begin the legal challenge process all over again – something that some senators deemed to be an immoral action. It bothers me a great deal that this is becoming the new normal in our politics – that we are increasingly becoming dependent upon the courts to deal with matters of evolving public policy because MPs – and indeed senators – lack the testicular/ovarian fortitude to actually deal with tough issues.

To that end, I’m also extremely disappointed that you had senators who said that they did their job in warning the government about the fact that the bill was unconstitutional, and that the government will have to answer to the people for it. Except it’s not the Senate’s job to “warn” – it’s their job to protect minorities and the constitution, which they did not end up doing today. And “answering to the people” is precisely why the government has been so forcefully timid in what they were going to allow under this bill. “This is just the first step,” they kept insisting, but to be perfectly frank, I don’t believe them. The bill mandates that they must have a report within two years on things like advanced directives, mature minors and the mentally ill, but if you think they’re going to do something that report other than refusing to touch it with a bargepole, well, you’re a far more optimistic person than I. No, what happened today was a further abdication by parliamentarians in both chambers of doing their jobs, and forcing more of it onto the courts (and at the cost of the individuals who will be forced to bring the challenges). It’s disgraceful.

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Roundup: A test of bicameral wills?

Whether through stubbornness or pique, the House of Commons voted to adopt nearly all of the amendments the Senate proposed to Bill C-14, with the exception of the biggest and most important one – the one which would eliminate the requirement of a “reasonably foreseeable” death before someone could be granted medical assistance in dying. And then, the Commons more or less announced that tomorrow will be their last sitting day before they rise for the summer, essentially daring the Senate to return a bill to a chamber that has gone home (well, they are supposed to come back on the 29th for Obama’s address), and leaving the spectre of there being no law in place, which has all manner of medical community stakeholders concerned (never mind that the framework of the Supreme Court of Canada’s Carter decision is in place and would ensure that nobody would be charged for providing the service). It’s a little more ballsy than I would have given the Liberals credit for a few weeks ago, particularly before I saw the background paper that Jody Wilson-Raybould released with her…questionable justification for drafting the law the way it was. Now comes the difficult part – will the Senate stick to their guns and insist that the amendments to eliminate “reasonably foreseeable” be maintained if the bill is to remain constitutional, or will they back down because they’ve made their point and the Commons is the elected chamber?

This is the part where I chime in with a few reminders that this is the reason why our Senate exists the way it does – it enjoys institutional independence and cannot be threatened by the Commons so that they can push back on bills they find unconstitutional, particularly a controversial one like this, where MPs are proving themselves to be timid in the face of a Supreme Court of Canada decision that lays out what they deem to be an appropriate constitutional reading of the issue – something the government is basically flouting in an attempt to push back on this bit of social evolution for as long as possible. And as I’ve stated before, it’s not beyond the realm of possibility that the Commons is waiting for the Senate to “force” them to advance things. Will it turn into a ping-pong between the chambers? Not for much longer, I would say, but it is going to depend on who blinks. If the Senate does dig in its heels on this and insist that doing otherwise would be to let an unconstitutional bill pass, then there is every reason to suspect the government take the “forced into this” option and let the Senate be the punching bag when religious and disability groups complain. There are people suggesting that the Supreme Court should break the impasse, which I would loudly denounce because it’s the very last thing we need. It’s not their job, and it would signal a complete abdication of the rights of Parliament and Responsible Government that our predecessors fought long and hard for. (Also, stop demanding these bills be referred to the Court – legislating is not a game of “Mother May I?”). This whole exercise is why the Senate exists. Let’s let them do their jobs.

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QP: A (mostly) serious, grown-up day

There we no major leaders present for Question Period yet again, and with an increasing number of empty desks, the time of year is getting increasingly obvious. After an emotional tribute by Nathan Cullen to UK MP Jo Cox, who was murdered in her home riding earlier today, there was a moment of silence in the Commons. Jason Kenney started off, demanding that ISIS be considered a genocide. Stéphane Dion assured him that because of the UN report on genocidal activities, they were asking the UN Security Council to make a declaration. Kenney insisted that Dion was late to the party and named off other affected local populations, and Dion reminded him that Canada’s policy was the same as our allies and we were taking the lead in getting the Security Council to Act and it was why we tripled our contribution to the allied forces in the region. A third round from Kenney got the same answer. Michelle Rempel was up next, and demanded action on resettling Yazidis to Canada. John McCallum noted that several families were on the way to Winnipeg in a few weeks under private sponsorship, and noted that the Immigration Committee had just adopted a motion to study it. Rempel quoted the act that lets McCallum take action immediately, and he reminded her that the situation was more complicated than that. Marjolaine Boutin-Sweet led off for the NDP, demanding parliamentary oversight for weapons exports. Dion stated that he controls export permits and does so with rigour and transparency. Boutin-Sweet then demanded a public inquiry into Afghan detainees, and John McKay listed off past and ongoing investigations. Murray Rankin was up next, and demanded that parliament pass Bill C-14 as amended. Jody Wilson-Raybould insisted that the bill as tabled was already constitutional and that it was the right approach. Rankin demanded the bill be referred to the Supreme Court, but Wilson-Raybould was not moved.

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Roundup: Modest changes suggested

When its release was announced, I approached it with trepidation – based on the discussions to date, it was bound to be a horror show. Surprisingly, however, the report on how to make the House of Commons more “family friendly” was less ambitious than it could have been – so far, at least. There were many issues left unresolved for the future, and I’m sure that they plan to address some of those issues in a future report, which could indeed be that report that I’m dreading. Overall, however, they decided against the four-day workweek, and haven’t done anything particularly ridiculous like electronic voting or Skyping into committee meetings. Recommendations did include:

  • Maintaining the motion to keep most votes after QP, but not changing the Standing Orders so as to keep flexibility in the system
  • Not holding votes after Thursday QP so as to let MPs be flexible with travel arrangements
  • Moving the date up for deciding on next year’s calendar for better planning
  • Having House Administration provide flexible childcare options at the Members’ own hourly cost
  • Letting MPs’ families have access to their calendars
  • Better flexibility with the shuttle bus service on the Hill
  • Looking at amending the travel point system with regard to families.

While the worst of the previously discussed options were not recommended going forward, and some of the more nonsensical issues like decorum in the Chamber (which has to do with family friendliness how?) had no recommendations, I still think that some of these recommendations have problems. In particular, demanding that House Administration provide childcare options is an issue because uncertainty of usage is costly – do you have childcare workers essentially on standby? How does that work for them, exactly? As well, I find the demand that the Commons provide this service to be a bit rich because these MPs should be able to find solutions on their own. After all, they make $170,000 base salary per year – they can afford to find their own childcare options, whether it’s a nanny or whatnot. The recommendation around travel points is also a little unsettling because it amounts to reducing the transparency around travel so as not to discourage family members from travelling to Ottawa by opening themselves up to criticism. While I do think that we have a problem with petty, cheap outrage when it comes to reporting on MPs’ expenses, I also think that we should use the opportunity to have a discussion with Canadians about the effect of travel on MPs and their families rather than just shaming them without any pushback. After all, we should address these issues rather than just letting the cheap outrage narrative carry the day.

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