Tag Archives: First Nations

Roundup: Annotating the 2016 Senate look back

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The National Post had a look back over the changes made to the Senate over the past year, and a look at what’s coming up, so I figured I’d offer a few annotations along the way, because this is what we do here.

First of all, yes most of the new appointments came with small-l liberal values, and yes, that is a problem for the broader diversity of the chamber, which should have broad philosophical differences in it so that a more effective opposition to government policy can be offered. And as one Senator also said to me, it would be great if the next round didn’t all come from the social sciences. Because yeah, that too is another noticeable similarity. The Independent Senators’ Group also says that they won’t all vote together unless it’s an issue of Senate rules or logistics. This immediately prompted one of the most partisan of partisan defenders to leap to the attack.

I’m going to give some of these votes a pass because the bulk of the new senators are just that – new, and they haven’t had enough time to study up on the bills to come up with enough reasons to vote against them, other than perhaps for the sake of voting against them to show displeasure with the government. That these were mostly budget bills doesn’t really help Batters’ critique either because the Senate has to be careful with money bills, defeating them only on the most critical of issues which these budget bills were not. The rule of thumb is also that most senators become more independent with time, and these ones have barely managed to get their offices sorted, let alone figure out opposition stances.

There is but a brief mention under logistics that the Government Leader – err, “government representative” Senator Peter Harder says the “chamber will no longer be home to the government-versus-opposition Westminster-model,” but then leaves it at that. This is a very big deal, and one of the reasons why Peter Harder needs to be stopped. Throwing out the Westminster model in favour of 101 “loose fish” is a Very Bad Thing because it guts the effectiveness of the Senate as an accountability body, forcing it to rely either on subject-matter experts in the Chamber that may not disagree with the government, or by leaving independent senators vulnerable to the machinations of either Harder or government ministers promising favours. This, let me repeat, is a Very Bad Thing.

Finally, while it points out that senators have been more active in amending government bills, it requires a bit more context. Two of those bills, assisted dying and RCMP unionization, were born of Supreme Court of Canada decisions that the government of the day didn’t do a particularly thrilling job of drafting. The consumer protection aspects of Bill C-29? That was as much pressure from the Quebec Government as it was the Senate committee. And Bill S-3 on gender discrimination in Indian Act registration? Another bill stemming from a Supreme Court of Canada decision that was poorly drafted, but the fact that the government tabled the bill in the Senate instead of the Commons means that those flaws were exposed there first, and is not indicative of an overly aggressive Senate as it was a bad bill. Context matters, which this article doesn’t really get right.

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Roundup: For fear of Mary Dawson

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It was a day of juvenile finger-pointing as the big headline from the Globe and Mail was that the Ethics Commissioner said that she plans to speak to Justin Trudeau and Bill Blair about allegations that certain fundraisers may have breached conflict of interest laws, based entirely on innuendo from the Globe (which then gets repeated in Question Period, and that gets written up, and when the Globe adds another new piece of unproven innuendo the next morning, the cycle starts over again). Trudeau’s response? Bring it on – I’ve done nothing wrong.

So where are we? Because I’m not sure at this point. Do we insist that the PM and ministers no longer fundraise? Because that’s happening is that the party is capitalising on their “celebrity” for higher-level fundraisers, which is basic economics. They’re more in demand, so you send them to the higher-priced fundraisers. Should they be disallowed because someone would try to talk to them about their particular hobby-horses? As though they wouldn’t if they met them in the grocery store or on the street? Because I’m not sure that it’s actually lobbying activity, despite the label that has been slapped onto it by the bulk of the media and the opposition, looking to score some points on this. Does this mean that the whole of cabinet should be encased in these bubbles where nobody can talk to them? If the fear is that they get “exclusive” access, the government is quick to point out that they’ve accused of consulting too much and that there are plenty of other opportunities. If the worry is that it’s because they’re rich that they get access, again I’m not seeing the issue because you’re not buying influence for $1500. “Oh, you’re buying good feeling and they’ll think to pick up the phone and call you the next time something comes up” is the latest excuse I’ve heard, and I rolled my eyes so hard that it almost hurt. Honestly? Especially with the accusations that they’re buying the influence of “good feelings” donating to the Trudeau Foundation, which the PM severed his connections to and which provides scholarships? And if the charge is that because many of these rich business people are of Chinese descent, again, I’m not actually seeing any real issue here. They accuse one businessman of donating who had interests in canola that the Chinese government restricting and then Trudeau got it resolved. Conspiracy! Err, except that was the concern of every single gods damned canola farmer in this country so singling out one Chinese-Canadian starts to smack of veiled racist sentiment.

Once again, I’m waiting for someone to show me where there’s smoke, let alone fire. I mean, other than that sickening smell of people who’ve lit their own hair on fire over this. And I would be willing to bet that Mary Dawson is going to shrug and say “they haven’t broken any rules, but I want you to turn over more power to me” like she does all the time.

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QP: One last kick at the can for 2016

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While the PM was present for caucus in the morning, and was slated to be at his caucus Xmas party later in the day, he was not, however, present for QP. Go figure. Rona Ambrose led off with lamentations about tax raises, to which Bill Morneau reminded her that they reduced taxes for the middle class, and gave them an enhanced child benefit. Ambrose then worried that Trudeau was spending too much time with the “out-of-touch elite” with fundraisers and not those out of work. Bardish Chagger recited the new talking points about being focused on working for the middle class. Ambrose worried about the billionaires — especially Chinese billionaires — looking for favours from fundraising, but Chagger responded with a combination of the hard work talking point with the one about the rules. Ambrose refereed to the PM as a bagman for the party, and Chagger returned to the talking point about working for the middle class. Ambrose demanded an end to cash-for-access fundraisers, and Chagger returned to the rules talking points. Thomas Mulcair was up next, asking about Canada 2020 being a wing of the Liberal Party, but Chagger stuck with her talking points about the middle class. After another round of the same, Nathan Cullen stood up to moan about electoral reform, and Maryam Monsef said they were proud to hear from Canadians before coming up with legislation, and there was another round of the same.

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Roundup: A small government climbdown

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Sometimes it’s not just that the Senate is everyone’s convenient punching bag in federal politics – it’s also what they like to dangle before the media to show that they’re serious about some issue or another. Early on in the parliament, it was Conservatives who were supposedly going to flex their muscles to defeat all kinds of government bills in the Senate, which never happened, and now we’re getting threats from the new independent cohort. This time, it’s Bill C-29, the government’s budget implementation act, and a provision therein that has Quebec all hot and bothered because it would affect their consumer protection legislation as it relates to the banks.

https://twitter.com/acoyne/status/807715472296833024

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The government has maintained that because this is a federally-regulated sector that they have jurisdiction. Quebec disputes this, says that they have a Supreme Court of Canada decision to back up their position, and premier Couillard has been asking the government to remove this section from the bill, and impressing upon Senators to do something if the government won’t. New Quebec Senator André Pratte has apparently been making the rounds to do just that, while Government Leader in the Senate – err, “government representative” – Senator Peter Harder has responded with the usual plaintive wail that the Senate should respect the will of the House of Commons, never mind how much he was praising up and down the work they did on amending the assisted dying legislation just a few months ago.

But the pressure from the Senate may have already come to good effect. In Question Period of Friday, the finance minister’s parliamentary secretary, François-Philippe Champagne, announced a particular government climbdown on the issue:

We are going to continue working with consumer groups, stakeholders, and the provinces and territories to develop regulations and enforce the law. We are going to delay the implementation of some provisions of division 5 of the bill so that the Standing Senate Committee on Banking, Trade and Commerce can examine this important issue more closely.

In light of this development, should the Andrew Coynes of the world really be wailing and gnashing their teeth about the Senate supposedly overstepping their authority, or not respecting the will of the Commons? Or should we acknowledge that they heard the concerns that the government steamrolled over with their majority and forced the government to acknowledge that hey, maybe there is a problem that we should fix? Because I’m getting awfully tired of constantly hearing about how the Senate is somehow becoming this de facto ruling body of appointees, when it’s anything but. It’s doing the job that it was intended to do, which is sober second thought – particularly when there is a government with a majority, and with more independent senators in the chamber, they’re not taking orders from PMO to push things through. This is their job. This is what they’re supposed to do. Can we please tone down the histrionics about it?

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Roundup: A catalogue of ineptitude

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Over in the weekend Ottawa Citizen, our good friend Kady O’Malley has a comprehensive breakdown of everything that went wrong with the electoral reform committee, and it’s pretty stunning once it’s all laid out before you. It starts with the Liberals’ relenting to allow the makeup of the committee to be more *cough* “proportional” than the traditional make-up of a parliamentary committee (which was not actually proportional, but merely gamed by the NDP to give the appearance of proportionality, and the Liberals relented for what I’m guessing was good faith). From there, it moves to the Liberals putting all newbies on the committee (with the exception of the chair) who didn’t have a clue what they were doing, and their lack of experience, combined with the fact that they no longer had a majority (despite having a parliamentary majority) meant that the opposition party gamed the witness selection in such a way that it meant they were able to self-select witnesses to get the outcome they wanted – namely 88 percent of witnesses preferring proportional systems, and furthermore, because they had motivated followings for their public consultations, it allowed them to self-select their famed 87 percent in favour of proportional systems and a further 90 percent in favour of a referendum. And almost nary was there a voice for ranked ballots. (Also a nitpick: ranked ballots have little to do with the proportionality that people keep trying to force the system into, nor are they about gaming the system in favour of centrist parties like the Liberals. Rather, ranked ballots are designed to eliminate strategic voting, ensure that there is a “clear winner” with a simple majority once you redistribute votes, and to make campaigning “nicer” because you are also looking for second-place votes. Experience from Australia shows that it has not favoured centrist governments).

In other words, this whole exercise was flawed from the start, in large part because the Liberal government was so inept at handling it. In fact, this cannot be understated, and they are continuing to be completely inept at handling the fallout of the broken process that they allowed themselves to be bullied into (lest they face charges of trying to game the system – thus allowing the other parties to game it for them), and rather than either admitting that this went off the rails (because it did) and that it was a stupid promise to have made in the first place (because it was) and trying to either be honest about cutting their losses, they’re dragging it out in order to find a more legitimate way to either punt this into the future, or declare that no consensus can be found (which there won’t be) and trying to kill it that way. But in the meantime, the daily howls out outrage of the opposition because of the way that they have completely bungled not only the committee response (and let’s face it – the report’s recommendations were hot garbage) and the further rollout of their MyDemocracy survey without adequately explaining it has meant that this continues to turn into an outrageous farce. I’m not necessarily going to lay this all at the feet of the minister, or call for her resignation, but this is one particular file where the government has been so clueless and amateurish that the need to pull out of the tailspin that they find themselves in, take their lumps, and then smother this in the crib. Enough is enough.

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Roundup: Desmond’s deserving recognition

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The news was announced yesterday that Bill Morneau had chosen Canadian civil rights icon Viola Desmond to grace the new $10 banknote, which is being hailed pretty much universally as an excellent choice, and certainly the one that I had been hoping for when the shortlist was announced. As soon as it was announced, though, we got inundated with a flood of headlines declaring Desmond to be “Canada’s Rosa Parks,” which starts to grate because Desmond’s stand against segregation began nine years before Parks’ did, but she has largely been an unknown in Canadian history. I hadn’t even really heard of her until the History Minute last year (and side note, not only was it a compelling story, but I was pleased to see that Battlestar Galactica’s Kandyce McClure played her), and it was a reminder that yes, we too had segregation in Canada, albeit a subtler one because it wasn’t entrenched in legislation. That Canadians identify Parks before Desmond is part of our problem with our own history, both in that we have a tendency to whitewash much of it, but also that we are so inundated with Americana that our own achievements get lost in it (such as when Upper Canada was the first jurisdiction in the British Empire to end slavery). Of course, part of why Desmond’s case has been obscured in history has to do with the fact that her case was ostensibly one related to tax evasion (for the one cent theatre tax she did not pay to sit in the lower seats despite requesting to pay the higher priced ticket) and her lawyer didn’t push the racial discrimination angle in court. Hopefully, this inclusion will help to rectify this wrong, to restore Desmond’s rightful place in the history books and in the popular consciousness about civil rights in Canada.

Chatelaine has seven facts about Desmond. Former Nova Scotia lieutenant governor Maryann Francis talks about when she was able to give a Free Pardon posthumously for Desmond and the meaning of it for her. Maclean’s digs into its archives to look at Desmond and the issues of racism in Nova Scotia going back decades.

Meanwhile, there have been a few comments about how our wartime prime ministers, Sir Robert Borden and William Lyon Mackenzie King will no longer be gracing banknotes, while Sir John A Macdonald and Sir Wilfred Laurier are moving from the $5 and $10 banknotes to the $50 and $100, with accusations that this means that we’re somehow “effacing history.” The thing is, Borden and King are in plenty of other places in our history books, while a person like Desmond is not. I think we have room enough to learn about the contributions of more than just the great white men of history and making it more inclusive. That’s hardly effacing history – it’s opening it up.

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QP: These are not the fundraisers you’re looking for

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The PM was present for a second day in a row, the benches were starting to empty out, with stacks of holiday cards on the desks of the other MPs present. Rona Ambrose led off, noting the visit of Joe Biden later in the day, but worried that with Trump about to slash taxes, and that Trudeau was too busy with photo ops and fundraisers. Trudeau responded by listing off the various things that this government has done to lower taxes and help families. Ambrose demanded a “real” low-tax plan, and Trudeau noted more things his government did like getting pipelines to tidewater approved. Ambrose switched to French to ask again, and Trudeau listed the many investments that he has attracted to the country. Ambrose changed back to English to pivot to the fundraising question, and Trudeau fell back to the rules talking points. For her last question, Ambrose accused him of breaking conflict of interest laws, and Trudeau assured her that he followed the rules. Thomas Mulcair was up next, accusing the PM of having become what he accused the Conservatives were doing, and Trudeau returned to his talking points on the rules. Mulcair wondered where the PM was last night, and when Trudeau only answered with his points about the rules, Mulcair prefaced his next question by saying that Trudeau was at a “cash-for-access” event. Mulcair moved onto the electoral reform file and worried that the government would unilaterally impose a system that would benefit their party. Trudeau responded with a plug for for MyDemocracy. Mulcair asked about the banking provisions in C-29, but Trudeau deflected with talks about tax cuts and benefits.

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QP: Not taking the bait — or the guilt trip

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At long last, the Prime Minister was present for Question Period, and the hope that he might have some answers. Rona Ambrose led off, asking about yet more fundraising allegations and claims that it is a way to meet ministers. Justin Trudeau did not take the bait, and assured her that there are strong rules that are being followed. Ambrose raised the potential of illegality with the donation to the Trudeau Foundation, and Trudeau said that he understands that there are questions, but moved right into his speech about the rules. Ambrose tried a third time, but Trudeau stuck to his message that Canadians can have confidence in the system. Ambrose raised the allegations that a fundraiser was done for the purposes of lobbying openly. Trudeau still didn’t bite, and assured her that the rigorous rules were being followed. Ambrose tried to throw Trudeau’s statement about talking about the need for investment at one of these events, but Trudeau stuck to the points. Thomas Mulcair rose for the NDP, said it was nice to see the PM without having to pay $1500, and asked yet another fundraising question, but Trudeau didn’t take his bait either. Mulcair switched to concerns that the Quebec Consumer Protection Act was undermined by C-29, and Trudeau got to change up his talking points, talking about the great things in the budget implementation bill. Mulcair asked if it was important for the PM to show up for Question Period, Trudeau reminded him that he has a lot of important duties, but he has a strong cabinet who can also take questions. Mulcair then asked if the PM was lying when he promised that 2015 would be the last election under First-Past-the-Post, Trudeau said that he had answered that in the positive — to much uproarious laughter at the verbal slip — and Trudeau pressed on to defend his coding exercise at Shopify as being a demonstration of investing in the economy of the future.

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Roundup: Trying to help with attendance

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The Conservatives have become very preoccupied with Justin Trudeau’s attendance in Question Period of late, which is one of those particular political cudgels that annoys me on a couple of different levels. On the one hand, I’m annoyed at the PM for not taking it more seriously and showing up in order to be held to account, as our system of government demands; on the other hand, I get annoyed when the opposition plays cheap politics with this because they are just as guilty, with their own leaders having fairly poor attendance records to match. It’s especially precious that the Conservatives are so concerned about Trudeau’s attendance as Stephen Harper’s was abysmal, and by 2014, you were lucky if he might show up once a week. Might.

Huffington Post crunched the numbers and found that Trudeau has missed 58 percent of QPs within his first year, while Stephen Harper missed 46 percent in his first year. Mind you, that was his first year, and that thrice-weekly attendance fell off pretty quickly. Trudeau has had a fairly punishing international schedule, which is part of his job – but we’re seeing a number of instances, especially lately, where he is in town and not attending, or that he counter-programmes another event to take place at the same time as QP, which again annoys me because it shows that he’s not taking the responsibility of being held to account seriously. Sure, it’s great that you want to show kids that that coding is a good life lesson, but there are other hours in the day where that might be more appropriate, and not when you should be answering questions for your government’s actions.

But the petty politics that the opposition are playing around this are frustrating. Offering to move Question Period to 4:15 in the afternoon – or any other time to “help” the PM make it – is lunacy considering how disruptive it leaves the rhythms of operation on the Hill, with committee schedules where witnesses have flown in across the country, with the media’s ability to keep the production cycle of news shows. I’m not saying that this is a big deal, but I’m not sure that this is the way to address the problem of non-attendance, particularly when other leaders can hardly deign to make their own appearance most days.

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QP: Drones and saccharine points

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For a second day in a row, the PM was in town but otherwise occupied, and his seat would have been conspicuously vacant had a backbencher decided not to keep it warm for him (and the camera shot). After a number of statements in remembrance of the École Polytechnique massacre, Rona Ambrose led off, wondering why the Missing and Murdered Indigenous Women Inquiry is so slow to get started. Scott Brison responded with some fairly bland talking points about the accomplishments they have made toward reconciliation. Ambrose worried that the PM was making life more expensive for people, and Bill Morneau reminded her of the tax cuts they implemented along with the enhanced child care benefits. Ambrose decried plans to tax health and dental benefits, for which Morneau reiterated the lowered taxes, before noting that they were reviewing the tax code with an eye toward tax fairness and simplification. Ambrose switched to French to decry Liberal fundraising, and Bardish Chagger recited some French talking points about fundraising rules and the broader consultation program. Ambrose switched to English to demand to know if the PM has ever used a fundraiser to talk to anyone who was looking for something from the government. Chagger’s answer did not change. Thomas Mulcair accused the government of arranging a meeting with the Chinese premier in exchange for that person holding a fundraiser. Chagger’s answer was the same. Mulcair asked again in French, and Chagger repeated her response in robotic French. Mulcair then moved to the PBO report on funding for First Nations education, and Brison noted that the PBO pointed out that the previous government underfunded K-12 education, and that they were now closing the gap. Mulcair heaped on a number of accusations related to how the government was treating First Nations, and Jim Carr got up to clarify his remarks about protesters from last week.

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