Despite it being Thursday, there were no major leaders in the Commons today, which is a disappointing slide back to the poor attendance record of the previous parliament. Denis Lebel led off, referencing their opposition motion on calling ISIS a genocide and demanded support for it. Pam Goldsmith-Jones responded with the government line that the declaration is not a political one but a legal one, and it needed to have the endorsement of the International Criminal Code. Lebel moved onto the possible sole-sourcing of Super Hornets, for which Harjit Sajjan reminded him that the Conservatives were about to sole-source the F-35 fighters, while he had not yet made a determination. Lebel demanded a transparent process, and Sajjan reiterated that no decision was made. Andrew Scheer accused the government of playing politics with military equipment, and Sajjan snapped back that he has been in combat. Scheer then returned to the declaration of ISIS as a genocide, and Goldsmith-Jones repeated her previous answer. Peter Julian led off for the NDP, calling out the government on C-14’s constitutionality, and Jody Wilson-Raybould insisted that they came to the right balance. Julian and Ruth Ellen Brosseau said that the Senate was making the amendments that they had proposed, and to Julian, Wilson-Raybould repeated her answer while Jane Philpott responded to Brosseau that she hoped the Senate would pass it. Brosseau repeated her question in French, and Philpott reiterated that she hoped the bill would pass expeditiously.
Tag Archives: First Nations
QP: Shifting focus to fighter jets
After the big “family photo” on the steps of the building this morning, and a speech marking the 150th anniversary of the legislature of Canada meeting on Parliament Hill, we got into the business of the day. While Trudeau was on the Hill in the morning, he was on his way to Toronto and absent from QP today. Rona Ambrose led off, mini-lectern on neighbouring desk, and asked about measures to bring Yazidi girls to Canada as refugees. John McCallum noted that refugees are prioritised based on need as determined by the UN, and that he was proud of their record. Ambrose turned to the question of fighter jets, and wondered why they would get new jets if they didn’t use the ones we have to fight ISIS. Harjit Sajjan noted that that he had received a briefing on the mission in Iraq, but didn’t really answer. Ambrose listed off the sins of Liberal procurement past, and wondered how this time would be different. Sajjan retorted that the previous government cut $3 billion from the defence budget. Denis Lebel was concerned about pulling out of the the F-35 programme and how that would affect the aerospace industry in Montreal, and Sajjan noted that no decision had been made. When Lebel tried to press about the other allies who had adopted the F-35, Sajjan noted that they were not fully operational and they were taking the time to make the right choice. Thomas Mulcair led off for the NDP, asking about a statement that Senator Pratte made about the need to pass C-10 quickly. Marc Garneau said there was no deal, but this was about avoiding future litigation. Mulcair wanted assurances that there was no deal, and Garneau plainly stated there wasn’t one. Mulcair turned to tax havens by KPMG, and Diane Lebouthillier noted that there were investigations and court cases ongoing. Mulcair said that if it was in the courts it would be public, but pivoted to the Super Hornets and sole-sourcing. Sajjan repeated that no decision was made.
Mid-question pivot from Mulcair. Why not just debate rather than hew to your list of scripted questions? #QP
— Dale Smith (@journo_dale) June 8, 2016
Roundup: Constitutional conventions are constitutional
There was another example of the shocking level of civic illiteracy in our elected officials yesterday as Green Party leader Elizabeth May again trotted out the canard that political parties aren’t in the constitution. She was making a perfectly good point of privilege around the way that independent MPs and those from not officially recognised parties are being adversely affected by rules changes that are being carried forward from the last parliament, and that’s fine, but she’s shockingly wrong about the constitutional status of parties. Why? Because while political parties are not literally in the Constitution Acts of 1867 or 1982, they are part of the grounding framework of our system of Responsible Government, which is in and of itself a constitutional convention – part of our unwritten constitutional inheritance from the United Kingdom. It shouldn’t need reminding but apparently it does because apparently nobody learns civics any longer, but constitutional conventions are constitutional. In fact, they are just as enforceable as elements of the written constitution. And lo and behold, the preamble to the 1867 Act is:
Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom
This is exactly where our Responsible Government framework lies. The UK has an unwritten constitution, and its constitutional conventions have stood the test of time, and this is precisely why May and others who follow her logic are dead wrong. Parties are at the heart of Responsible Government because it’s how a government gains and maintains confidence. The system simply cannot hold with hundreds of “loose fish” all vying for attention and reward. (If you try to bring up the party-less territorial governments, smack yourself upside the head because you simply cannot scale up a consensus model from 19 members in NWT or 22 in Nunavut to 338 in Ottawa. It is a complete impossibility). Does that mean that we don’t currently have problems with the powers accumulated by party leaders? No, we absolutely do, but that’s also because we tinkered with the system of selecting those leaders, presidentializing them with massive membership votes rather than caucus selection that keeps them accountable in the Responsible Government tradition. But parties are absolutely essential to the functioning of our parliamentary system, and the fact the written portions of our constitution are silent on that fact is indicative of absolutely nothing. If one relies solely on the written portions and not the constitutional conventions, they are wholly ignorant of our system of government, and need to be called out as such.
QP: Memories of Dion positions past
After the revelries of the weekend, most everyone was present, except Thomas Mulcair. As he so colourfully put it at the Gallery Dinner, he really doesn’t care anymore. Rona Ambrose led off, and immediately laid into the referendum question. Justin Trudeau reminded her that the majority of Canadians voted for parties that wanted change, and that he looked forward to the strong voices that would be heard on the committee. Ambrose raised the issue that Stéphane Dion said in 2012 that a referendum would be necessary on electoral reform, and Trudeau said that they needed committee consultation on such a complex question. Asking again in English, Trudeau gave a more impassioned defence of a robust consultative process. Alain Reyes made the demand for a referendum again in French, and got much the same response. Marjolaine Boutin-Sweet led off for the NDP and raised the Liberal Senate leader who did not agree with C-14, and would the government listen to him. Trudeau pointed out that there was no greater endorsement of their reforms to the Senate than the NDP endorsing senators’ work, and then basically admitted that the bill would come back to the Commons with amendments. On a follow-up in French, Trudeau again said that they would look forward to amendments. Murray Rankin took over, raising more objections to the bill, and Trudeau kept saying that they consulted widely and looked forward to the bill coming back.
Trudeau just admitted that C-14 will come back to the Commons, saying he looks forward to seeing it "when it comes back." #QP
— Dale Smith (@journo_dale) June 6, 2016
Roundup: Another day talking in circles
We’re in for yet another round of wailing and gnashing of teeth on the subject of the electoral reform process, and this time it’s from the NDP who are moving a supply day motion to try and get the proposed parliamentary committee to reflect their particular gamed composition rather than a composition that reflects the House of Commons – which, I will remind you, was elected entirely fairly and correctly under how our system is supposed to operate, where we elect individual seats in separate and simultaneous elections. Demands that the committee should reflect the popular vote ignore the facts that a) the popular vote is a logical fallacy that does not actually exist since there were 338 separate elections and not just one, and b) the composition that the NDP are demanding is not actually proportional to the “popular vote,” as they are giving the Bloc and the Green Party an oversized share of the seats and votes. And rather than just thirty minutes of this endless repetition as we might hear in QP, no, it will be the whole day in the Commons, minus one hour for private members’ business. And we’ll be subjected to the sanctimonious speeches of the NDP (of which they will read the same speech in English and French ad nauseum, only changing the riding names mentioned), followed by baying from the Conservatives that what we really need is a referendum, and the odd interjection from Elizabeth May that she deserves a vote on the committee and that no, we don’t need a referendum because it’s not a constitutional issue (except that certain kinds of electoral reform are actually constitutional issues, albeit likely with the simplest amending formula). And then there are the Liberals, where we’ll get some of the usual saccharine from Maryam Monsef, some sharper rebukes from Mark Holland, and the odd backbencher repeating the talking points about Canadians demanding a change to the system. There won’t be any substantive issues discussed, and while I will be the first to say that yes, process is important, so long as each side tries to game the process to fit their own purposes, we’ll just keep talking in circles and go nowhere. Which, really, is where this discussion should go and we should instead invest in a programme of civic literacy instead so that people can actually learn how the system works. But in the absence of that, I’m ready to declare that we should nuke the whole thing from orbit.
Roundup: Jumping the satellite offices gun
The NDP are signalling that they have received a hopeful sign in their attempt to take their battle over their satellite offices to the Federal Court, because an affidavit from a university professor that argues in favour of their position was accepted as evidence by the court. If I may be so bold, championing this as a hopeful sign is jumping the gun. Sure, they haven’t had their case summarily dismissed just yet, but that’s hardly a good sign. It could be that the judge wants to hear more arguments before writing his or her reasons as to why this case should never be brought before the courts because of parliamentary privilege, and while there is some academic opinion out there that this doesn’t qualify, I have a hard time seeing why not. It is a fundamental tenet of our democratic system that parliament be self-governing, which means that it does not submit itself to an external body for oversight, and that the courts do not interfere with Parliament and its operations, just as Parliament does not interfere with the courts as they do their job. The mechanism by which the House of Commons governs its affairs is the Board of Internal Economy. They may choose at some future point to come up with a new internal mechanism, but for the time being, that’s it. Normally it operates by consensus, but in this case, the NDP feel that they are being treated unfairly because the other parties at the table insisted that they broke the rules, and to justify their refusal to play by those rules, the NDP have cried “partisan” and “kangaroo court” rather than admit that they were in the wrong when they used parliamentary resources to open up those satellite offices (the very nature of which are dubious to begin with, because they are an extension of the centralization of power and communications within the leader’s office, which is problematic for the rights of individual MPs). By turning to the courts, the NDP are repudiating the supremacy of parliament in determining its own affairs, and that’s a problem. But then again, they are consistent in this repudiation, from demanding that the Board of Internal Economy be dismantled and replaced by a new bureaucracy to oversee MPs activities and expenses, and that senators be placed under some other external authority (in advance of abolition, of course). The problem with trying to replace parliamentary self-governance with a technocratic bureaucracy is that it undermines the fundamental nature of our democratic system. If we can’t expect the people we elect to be able to manage their own affairs, then why are we bothering to elect them in the first place? We might as well just hand power back to the Queen, tell her that the past 170-odd years of Responsible Government didn’t really work out, but thank you very much, and be done with it. Asking the courts to interfere with Parliament’s self-governing ability is a similar admission, rather than taking responsibility for their actions. It’s petulant and does long-term damage to our very democratic system. I quite look forward to a sound denunciation of their position by the Federal Court.
Roundup: An exit and a streamlining
In case you hadn’t heard, there are two national political policy conventions happening this weekend, both at the same time, so Kady O’Malley came up with a viewer’s guide to both events. Last night we heard from Stephen Harper in a pretty canned speech that was mostly the same talking points that were in his retrospective video, and he wants the party to look forward. The rest of the Conservative convention is to be dedicated to reinvigorating the party as opposed to giving it a complete overhaul, so say its attendees, but there is a push to get a better organization in place to engage youth in the country – something the party has not been good at doing, officially eschewing a youth wing – and the “draft Rona Ambrose” movement continues to try to get enough support to modify the party’s constitution to allow her to run (never mind that she’s stated repeatedly that she’s not interested in the job).
As for the Liberals, it’s not just a victory lap for them as they went from third place and from talks of their time being over and needing to merge with the NDP to forming a majority government. No, they’ve got a very serious debate on their hands as it relates to whether they adopt a new “streamlined” constitution or now, and by “streamlined,” it means more than just the actual streamlining of having 18 different constitutions, but it centralizes all of the power into the leader’s office and eliminates pretty much every accountability mechanism that exists in the party for the sake of becoming a party of Big Data. So while some streamlining is no doubt necessary, I’m not sure that this is the way that the party should be run. There is also a movement to have an emergency resolution debated to pressure the government into amending C-14 to make it more Carter decision compliant, but it appears that the party has quashed it.
Roundup: The problem with sponsoring bills
News that the “Government Representative” in the Senate, Senator Peter Harder, has been asking unaligned senators to sponsor government bills as they arrive from the Commons has me feeling a bit uneasy, and I’m trying to figure out why. This meant a trip through the Senate Procedure in Practice, and I find my concerns only slightly mollified. I will admit that the government’s plan to move a government bill in the Senate – Bill S-2, which deals with motor vehicle recalls – also has me uneasy because while it is being sponsored under Harder’s name, the fact that Harder is not a cabinet minister remains a troubling procedural issue. Government bills should be introduced by cabinet ministers, whether that minister is the Leader of the Government in the Senate or another minister in the Senate (which happens on occasion), and Harder, while sworn into the Privy Council, is not a minister. That the Conservatives did this with Claude Carignan was not a particularly good precedent to create or follow, since Carignan was essentially a minister without being in cabinet for the only reason that Stephen Harper was having a fit of pique over the ClusterDuff Affair, Carignan also having been sworn into Privy Council and being given access to PCO resources to do his job. But while Carignan was at least a part of the government’s caucus, Peter Harder explicitly is not, which is why this decision to have him sponsor government legislation is troubling. I remain of the view that as much as Harder is trying to present himself as non-partisan and independent, you cannot be independent while also representing the government because it is an inherent conflict of interest. That he is being asked to perform the functions of a cabinet minister while still proclaiming himself to be independent is risible. It is a problem that Justin Trudeau’s particular…naivety around his Senate reform project cannot simply gloss over without eroding the fundamental tenets of our Westminster system. That he wants a more independent Senate is not a bad thing, and the appointment of a critical mass of unaligned senators is a laudable goal, but you cannot expect someone who is not a minister to do the functions of a minister and still call themselves independent. As for Harder asking unaligned senators to sponsor bills, it’s not quite as outré as having Harder sponsor government bills that are initiated in the Senate, but I am still uncomfortable as this is typically something done by a member of the government’s party, given that the sponsor’s job is to defend the bill and advocate for its passage. While I don’t buy that every new appointed unaligned senator is really a crypto-Liberal, as many a Conservative senators would have you believe, the fact that Harder is the one doing the asking is still uncomfortable. It would perhaps be better if he were to call for volunteers to sponsor bills on their way from the Commons and then perform a coordinating role rather than an assigning one, if only for the sake of optics. Harder calling up unaligned senators and asking them to act as sponsors looks too much like he is playing caucus management, and if he continues to insist that it’s not the way that the chamber is operating, then perhaps he needs to be more conscious of the optics of the way he is operating.
Researching an issue on my mind… #SenCA pic.twitter.com/a85pFVSrze
— Dale Smith (@journo_dale) May 26, 2016
QP: Raising the referendum temperature
With the big announcement on the trans rights bill having been made, there were plenty of members’ statements about International Day Against Homophobia and Transphobia. All of the leaders were present, and Rona Ambrose led off, mini-lectern on neighbouring desk, and asked about the review of the forthcoming NEB ruling on the TransMountain Pipeline. Justin Trudeau hit back, saying that it was the previous government that created uncertainty by not committing to protecting the environment. Ambrose insisted that the review was “very thorough,” but Trudeau repeated his response about the previous government’s failings. Ambrose changed to the electoral reform referendum issue, and Trudeau responded with his promise that the last election would be the last under First-Past-the-Post. Denis Lebel took over and asked another pair of demands for a referendum in French, and Trudeau repeated his same answer in French. Thomas Mulcair was up next, and wondered “what the hell” the government was waiting for about decriminalizing marijuana — earning him a rebuke from the Speaker. Trudeau repeated his standard points about legalization as a framework to protect kids and deprive organized crime of revenue. Mulcair switched to French to ask about a pardon for people currently convicted under the existing law, but Trudeau’s answer didn’t change. Mulcair changed to C-10, for which Trudeau insisted that it would be used to build an aerospace industry in Canada. Mulcair repeated the question in English, and got the same response.
What kind of answer was that? Monsef's anti-FPTP talking points are utter nonsense. #QP
— Dale Smith (@journo_dale) May 17, 2016
QP: Narratives and process
While there was already drama in the Commons earlier in the morning as a government bill barely survived a tie vote, by the time QP rolled around, it was a bit more sedate. Justin Trudeau was in Montreal for an award presentation, and Rona Ambrose was elsewhere, which left Denis Lebel to lead off. He raised the new guidelines around advertising, but wondered why Trudeau was still in a Discovery Canada ad. Brison reminded him that the ad in question was not a paid ad, and thus did not apply. Lebel asked again, and Brison switched to English and hit back about the previous government’s record. Lebel switched to English to ask again, and got the same answer. Andrew Scheer asked again, and raised the self-promotion narrative before demanding do know that no government funds were used in the ad. Brison read out the policy, and suggested that Scheer rethink his questions. After another round of the same, Thomas Mulcair rose for the NDP, and thundered about the “scammers” in KPMG. Diane Lebouthillier insisted that there were codes of conduct in place and that no one gets special treatment. Mulcair thundered again in French, got the same answer, and before Mulcair thundered about Montreal infrastructure funding. Amarjit Sohi insisted that funding was on the way as consultations were underway. Mulcair asked again in English, and go the same.
"Canadians are angry about this." I wonder about the sample size. #QP
— Dale Smith (@journo_dale) May 16, 2016