QP: Trudeau starts hitting back

With a storm on the horizon, the House of Commons assembled after caucus meetings, ready for another day of baying at the moon over proposed tax changes. Just before QP, Andrew Scheer have a member’s statement about the emergency debate on the plight of the Rohingya, after which he crossed the floor to have a quick chat with Justin Trudeau. When QP got underway, Scheer led off by noting that he would be at the dedication for the National Holocaust Memorial and invited the PM to discuss why it’s important. Trudeau got up to make a statement on just that, and he read a statement on the horrors of the Holocaust and to offer the statement of “Never again.” Scheer then switched to French and back to his tax change straw men, wanting confirmation that Trudeau’s family fortune would not be affected. Trudeau note the issue of ensuring that the wealthiest Canadians pay their share of taxes. Scheer asked the same again in English, and got the same answer, with Trudeau stressing that this was not about people not following the rules, but that the rules favoured the wealthy. Scheer insisted that the litany of cancelled tax credits amounted to tax hikes as his condemnation of these changes, Trudeau noted that Scheer was trying to re-fight the 2015 election. Scheer insisted that they were the voice of the “millions” that would be hurt by these changes and then kicked at the PM for meeting Chinese Billionaires™, to which Trudeau listed all of the businesses who were looking for access to the Chinese market. Thomas Mulcair was up next, worried about the duties the US placed on Bombardier, and demanded that those jobs be saved. Trudeau noted that Chrystia Freeland raised that with her American counterpart earlier this morning, and that they would fight for those jobs. Mulcair groused about Trudeau’s inability to deal with Trump, and got much the same response. Mulcair then railed that the government was failing on Access to Information, and Trudeau read a list of ways that they were making things more transparent, before they went for another round of the very same in French.

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Roundup: The needless drama over the Status of Women chair

The news yesterday that the Liberals on the Commons standing committee on the status of women walked out rather than vote on the Conservatives’ choice for chair, Rachael Harder, certainly had a bit of drama to it, but underneath that surface-level bit of excitement, so much of this story defies sense.

For starters, it makes no sense that the Conservatives would name their chosen critic for the portfolio to be the committee chair. Why? Because a committee chair is supposed to be a somewhat more neutral figure who presides over the meetings in order to maintain decorum, decide on questions of order and procedure, and only vote in the event of breaking a tie. These are qualities that a critic should be dealing with. No, a critic should be doing the work of leading the questions of witnesses and doing the work of holding the government to account. That is not the chair’s job. Furthermore, if Andrew Scheer is going to insist on calling his critics “shadow ministers,” then perhaps he should actually treat them as such which means not having them on committees at all – and yes, the semantic difference is important. If you want to implement a shadow ministerial system then start behaving like that’s what they are. Otherwise, changing their nomenclature is nothing more than a twee affectation that he shouldn’t get so uppity about (and he has been).

Meanwhile, for the rest of the day, the Conservatives tried to spin this as a distraction from the tax change proposals that they are otherwise getting hammered on when they put her up for the position of chair knowing full well that this would be an issue. The NDP were out on Monday afternoon in the Foyer decrying this possibility and they went ahead with it. They created their own distraction and then tried to spin it as the Liberals using it as such. The Liberals didn’t create this drama, so you can’t accuse them of creating something from nothing.

The Conservatives have three members on the committee – Harder, Karen Vecchio, and Martin Shields, and if it makes no sense to put the critic in the role of chair, then why not put Vecchio forward? Is it because she isn’t looked kindly upon by Campaign Life Coalition? I would have thought her more than capable of the role otherwise, which is why this mystifies me unless this is something that the Conservatives were looking to try and force a confrontation of some variety by putting forward a critic and then candidate for Chair that would deliberately offend the sensibilities of the other parties – something that you shouldn’t be doing in a committee setting because committees, as the lifeblood of parliament, are supposed to be less partisan and more collegial.

This is just one more example of how the current iteration of the Conservative party doesn’t seem to know what it’s doing. Since Scheer took over the leadership, there seems to have been a sudden loss of know-how amongst the party’s senior staffers and they’re making all manner of really dumb tactical mistakes. You also have to wonder how much of this is also because the party had spent their nine years in power trying to burn down many of the norms of our parliamentary system and treating the institutions with utter disdain, and now that they’re back in opposition, they have simply lost the capacity to engage with them properly, leading to these kinds of mindless choices that just shoot themselves in the foot. It’s not promising for a party that is supposed to be considered a government in waiting.

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QP: Snide asides and Harder drama

Another sweltering day, but all of the party leaders were present today, so it promised to be a better day for exchanges. Andrew Scheer led off, mini-lectern on desk, reading his standard alarmist questions about the proposed tax changes and how they will devastate “local businesses.” Justin Trudeau responded with his usual points about how the system currently incentivises the wealthy to use corporations to avoid taxes. Scheer tried to use the framing device that that this was a revenue generator, but Trudeau didn’t give him a dollar figure. Scheer quipped that the Liberals were so incompetent that they couldn’t even raise taxes properly, and then threw out the straw men about the PM’s family fortunes. Trudeau responded that the report Scheer mentioned and noted that it ignored the introduction of the Canada Child Benefit. Scheer retorted about Trudeau’s nannies, and returned to the point about the changes as revenue generator to deal with his spending problem. Trudeau responded that they raised taxes on the wealthiest and the Conservatives voted against it. Thomas Mulcair was up next, and raised the new ministerial directive that would allow use of information possibly obtained by torture under limited circumstances. Trudeau reminded him that torture is prohibited and abhorrent, and it was why the strengthened ministerial directive made that more clear. Mulcair asked again in English, got the same answer, before he moved onto the delays in appointing new officers of Parliament, insinuating that the government is looking for lapdogs. Trudeau reminded him that they put in a new process that better reflects diversity, and then they went another round of the same in English, Trudeau getting in a few digs about the opposition not opening up their fundraising books along the way.

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QP: Tightly scripted tax concerns

On a sweltering Monday, Justin Trudeau was off in Toronto meeting business leaders, leaving the rest of us in Ottawa to suffer through the 40 degree humidex. Andrew Scheer led off with his now standard plaintive wail about how the proposed tax changes would kill “local businesses.” Bill Morneau reminded him that they were looking to restore fairness to the tax system, and after another stilted round of the same, Scheer read his script that since the PM wouldn’t answer, he would try the finance minister instead. In a word, pathetic. Alain Rayes was up next to reiterate the questions in French, and Morneau offered his very same points in French for another two rounds. Tracey Ramsey left for the NDP, complaining that the Americans haven’t brought forward any demands, particularly with the auto sector. Chrystia Freeland wanted people in the sector to know that they were looking out for their interests, and that autos were top-of-mind. Ruth Ellen Brosseau was up next and asked about the same in French, and she got much the same answer in French. Brosseau then moved onto the usual concerns about Supply Management, and Freeland assured her, once again, that they would protect it. Ramsey then repeated that exact same question in English, and Freeland repeated her previous answer.

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Roundup: No, the Senate can’t fire Lynn Beyak

After another week of sustained outrage about Senator Lynn Beyak, with mounting calls for her resignation, and the exasperated commentary of those Indigenous groups that have tried to educate her as to the reality of the situation that Beyak has seen fit to comment upon, we’ve also started to see articles speculating on ways that the Senate can be rid of her. Those suggestions would be a grievous mistake.

We can all agree that what Beyak has said is odious in the extreme. But the performative outrage that she should be expelled from the Senate does cross a line because as much as we all disagree with Beyak, she hasn’t broken any laws or violated any ethics rules. She may have views that are on their face racist (though she probably doesn’t see them that way – the Conservative senators that I’ve spoken to pretty much consider her a clueless Pollyanna figure who nevertheless has deeply held Christian beliefs that inform her particularly selective world view), but those views are neither illegal nor contrary to the rules of the Senate. And we should be wary of trying to regulate Senators’ speech, because that is a gross violation of parliamentary privilege. We also can’t ignore that Beyak gives voice to an ignorant segment of the population, and when she raises these views publicly, she has given rise to a debate that such a segment of the population isn’t usually exposed to. Simply demanding her removal for it is hugely problematic for all manner of reasons.

Now, the Conservative caucus has taken the steps to minimize her role as much as possible – she is off all committees, and thus marginalized from having any position of influence. Why she remains in caucus is likely because they want to maintain their plurality in the chamber for as long as possible, and with ten current vacancies (and a couple more pending), that will likely change in the coming weeks, but for now, they are looking to maintain their numbers, and Beyak’s remaining in caucus does that for them, however they’ve sidelined her. And once the Independent Senators Group forms the plurality, the Conservatives’ impetus to keep her may change, but they may also hope that she can be redeemed, as it were, with more education (and perhaps a dose of humility). Maybe. Or, this could be an early sign of trying to phase her out, where there can still be some modicum of caucus control over her actions rather than simply turning her loose, which might actually embolden her (because then she’ll be a martyr for the cause). But let’s hope that this is the Senate’s version of phasing her out.

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Roundup: No more gimmicky rules

In her latest installment of her occasional “Dear Process Nerd” column series, Kady O’Malley takes on the subject of heckling, and offers a sympathetic answer about the frustration of MPs who can’t get a word in edgewise given the way in which debates and QP are structured to all but discourage actual debate. And she’s right – that is a very serious problem that we should address. The problem? The solutions that she offered were not solutions.

As is so often the case with people who are looking to reform the system to improve the obvious deficiencies, the instinct is always to implement some new gimmick, and my learned friend is no different in this regard. In this case, O’Malley notes that we should give MPs more time to meaningfully engage with legislation (go on…) but decides that the answer lies in rejigging the daily schedule for un-structured, open-interaction with things like quizzing specific ministers on subjects or Urgent Questions.

And this is the part where I heave a great sigh, because my learned friend as completely missed the mark.

When you identify a problem, you shouldn’t go looking for a new gimmick to try and counterbalance it – you should go looking for the source of the problem and solve it there. In this case, it’s the way in which we started regulating speaking times in Canada so that when we imposed maximum speaking times, we incentivised MPs to use up that whole time. That meant speeches that went up to 40 minutes, then twenty, and the ten minutes allotted for questions and comments wound up being just as rote and scripted more often than not because MPs no longer know how to debate. So why not just tackle that problem instead? Restore the old rules – abolish speaking times and speaking lists, have the Speaker gauge how long MPs should have to speak to a bill or motion based on the number of MPs who want to speak to it, and allow for interruptions for questions in a free-flowing manner, and above all, ban scripts so that MPs will be engaged in the subject matter, talking for probably eight to ten minutes, ensure that there is free-flowing debate throughout, and most of all, it eliminates the impetus to read speeches into the record. Just tacking on new rules and gimmicks has made the situation worse over the years. Strip that away. Get us back to the fundamentals. That will help bring about actual change.

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QP: Morneau gets scrappy

Thursday, and the benches were starting to empty out in advance of the weekend, and Elizabeth May was the only leader present. Alain Rayes led off, and as expected, he railed about the destruction of the economy by the proposed tax changes. Bill Morneau got up and calmly deployed his well-worn talking points about how the system currently advantages the wealthy and the government was looking to make things fairer for the middle class. Rayes and after him Pierre Poilievre brought up a super credible CFIB survey to decry the changes, and Bill Morneau cautioned him not to engage in scare tactics. When Poilievre tried to rail about the hypothetical 73 percent tax rate, Morneau suggested that his critic was misleading the House, and he got cautioned to withdraw the suggestion. Morneau did, and said instead that his critic was wrong and knew he was wrong, and when Poilievre tried to make this about an issue about Morneau-Shepell, Morneau retreated to his usual talking points. Hélène Laverdière led off for the NDP, wondering just what concrete action the PM announced at the UN General Assembly, to which Marc Garneau assured her that Canada was active on the world stage. Laverdière asked in English about our lack of peacekeeping commitments, to which Garneau reminded her they made the commitment, but were taking the time to consider where to deploy them. Romeo Saganash decried the lack of action on drinking water advisories, to which Jane Philpott assured him that they were dealing with the socio-economic issues around long-term problems. Saganash demanded support for his private member’s bill, and Philpott assured him they were working on First Nations child welfare.

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Roundup: Say no to written guidelines

In the pages of the Hill Times, recently retired Liberal Senator George Baker opined that he thinks the Senate needs written guidelines to restrict how bills can be amended or defeated. Currently, there is the constitutional provision for an unlimited veto, and a general principle followed by senators that they don’t defeat (government) bills unless it’s a Very Serious Matter because they know they’re not elected and don’t have a democratic mandate to do so. And as much as I appreciate the learned wisdom of Senator Baker (and his retirement is a tremendous loss for the institution), I’m going to solidly disagree with him on this one.

For one, our institutions in their Westminster model are predicated on their flexibility, which allows for a great deal of evolution and adaptability, and adding too many written guidelines to hem in powers – powers that were given to the institution for a reason – rankles a bit because there will always be situation for which those powers may become necessary to use. Too many guidelines, especially when it comes to amendment or veto powers for a body for whom that is their entire purpose, takes away their power and ability to do the jobs that they are there to do in the first place. As with the constant demands for a Cabinet manual to spell out the powers of the Governor General, it’s the first step in removing discretionary power, and giving political actors (especially prime ministers) ways to go around the other constitutional actors, be they the Senate or the Governor General, which is something that should worry every Canadian. As well, codifying those powers opens up the possibility of litigation, and you can bet that our friends at Democracy Watch are salivating for any chance at all to start suing the Senate based on their not living up to whatever guidelines are drawn up, thus further imperilling the exercise of parliamentary privilege and the separation of powers between Parliament and the courts. So no, I don’t think written guidelines are needed, nor would they be helpful. At least not from where I’m sitting.

Meanwhile the Senate’s Internal Economy Committee members published an open letter to Senator Peter Harder in response to his Policy Options op-ed on independent oversight for the Senate. Suffice to say, they weren’t fans. (My own response to Harder can be found here).

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QP: What about Morneau-Shapell?

With it being Wednesday and with the PM out to town, there were a few more empty desks in the Commons, but QP rolled along regardless. Andrew Scheer led off, returning again to the proposed tax changes as an attack on “local businesses.” Jim Carr stood up to instead note that the opposition has been so concerned with women entrepreneurs, then how could they contenance the statements by Gerry Ritz in calling the environment minister “Climate Barbie.” Andrew Scheer didn’t respond, and stuck to his script, and so Carr stood up again, to again demand that the comments be denounced. Scheer again hewed to his script on “local businesses,” and Carr again expressed his disappointment and his expectation of a retraction. Onto Alain Rayes, who read the “local businesses” scripts in French, and this time, Bill Morneau stood up to reiterate that they were trying to make the system fairer for the middle class. They went another round of the same, before Thomas Mulcair rose for the NDP, railing that the PM left the door open to ballistic missile defence. Harjit Sajjan said that they were working actively with the US on NORAD modernisation, but the policy had not changed. Mulcair asked again in French, and Marc Garneau took this one, offering much the same response. Nathan Cullen was up next to rail about tax loopholes, and Diane Lebouthillier assured him they were going after tax avoidance. Alexandre Boulerice asked the same in French, and Bill Morneau gave his pat response on tax fairness.

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QP: Tax change melodrama

The first day back in the House of Commons, and all of the leaders were present — Trudeau’s only appearance for the week before he heads to the UN General Assembly, and in between appearances with U.K. prime minister Theresa May. Of note was the bouquet of flowers sitting on Arnold Chan’s desk, to mark his recent passing. Andrew Scheer led off, railing about the proposed changes to private corporations, and insisted that small businesses were being called “tax cheats.” (Note: Only the Conservatives have used that phraseology). Trudeau stood up to remind him that nobody accused anyone of breaking the law, but that these rules were being used by the very wealthy to pay less taxes, which wasn’t fair. Scheer tried again, got the same answer, and Scheer gave increasingly hysterical hypothetical situations (which were not reflected in reality), but Trudeau was unflappable in sticking to his points. Scheer tried then turn this into a dig at Bombardier, and Trudeau reminded him that they were investing in Canadian jobs. Thomas Mulcair was up next, asking about UN talks on nuclear disarmament in light of North Korea, and Trudeau reminded him that they were working on a fissile materials treaty that would include nuclear states, which would have more effect than a symbolic treaty. Mulcair asked again in French, got the same answer in French, before Mulcair turned to the issue of Saudi Arabia and arms sales (Trudeau: We will ensure that our partners follow the rules, and you promised to respect that contract), and then another round of the same in English.

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