Thursday, and Justin Trudeau was off meeting with Jason Kenney, while Andrew Scheer was the only leader present. He led off, railing about further trade actions from China, and Marie-Claude Bibeau assured him that the pork issue was a simple administrative issue that was being resolved. Scheer dismissed the response and carried on with his narrative of Trudeau’s supposed weakness on the world stage and demanded action, to which Bibeau switched to English to repeat that the pork issue was administrative before lobbing a talking point that the Conservatives refused to let their promises be costed. Scheer then railed about the energy sector and claimed the Liberals were trying to kill it, to which Amarjeet Sohi debunked the response by listing the approved pipelines that were completed or nearly so, and that they would ensure projects proceed in the right way. Luc Berthold was up next to repeat the pork issue with China in French, and he got the same response about it being an administrative issue. Berthold railed that China doesn’t respect Canada because we don’t stand up to them (Err, have they spoken to a single China expert?), and Bibeau listed actions they are taking. Peter Julian was up next for the NDP, and he railed about corporations before switching to judicial appointments, to which David Lametti reminded him that they instituted an open and transparent process that is merit-based and has resulted in a more diverse bench. Julian railed about inadequate funding for women’s shelters while Loblaws got funds, to which Maryam Monsef said that they have invested in shelters, in gender based violence prevention, in carve-outs for women as part of the housing strategy, and that the NDP voted against all of it. Karine Trudel repeated the question in French, and Jean-Yves Duclos responded in French about the investments in housing for women. Trudel repeated the torqued question about judicial appointments in French, and Lametti repeated his previous response in French.
Tag Archives: First Nations
QP: Petty diminution
The benches were largely, but not completely, full for caucus day, but not all of the leaders were present. Andrew Scheer led off, mini-lectern on desk, and in French, he complained that Canadian tax dollars were being used by China to extend their foreign influence by way of the Asian Infrastructure Bank, and Trudeau took up a script to read that Scheer was misleading Canadians, given that the investment bank had other Western partners, and that they had projects like preventing land slides in Sri Lanka, or flood management in the Philippines. Scheer repeated the question in English, and Trudeau read the English version of the same script. Scheer accused the government of not beating their chests enough, and demanded they pull the funding from said bank, and in response, Trudeau said that they were standing up for Canadians in the world and gave a plug for their new aid package for canola farmers. Scheer claimed it was a Conservative idea, and accused Trudeau of weakness on the international stage, and Trudeau hit back by the Conservative wanted to capitulate on NAFTA, that his government saved CETA and the TPP, that they were working on the canola problem for weeks when the Conservatives had bothered a about for days. Scheer claimed Trudeau was simply being dramatic and then he cued his caucus to join him in shouting that Trudeau had done “nothing!” Trudeau gave an equally forceful retort about a decade of Conservative failures. Brigitte Sansoucy led off for the NDP to rail about the Loblaws contract instead of helping people, and Trudeau reminded her about the middle class tax cut and the Canada Child Benefit that lifted children out of poverty while the NDP voted against those measures. Charlie Angus accused the government of trying to rig judicial appointments, and Trudeau reminded him that they put on a new, transparent and open process. Angus then railed that ten government wasn’t helping the people of Kasheshewan, and Trudeau reminded him that they have been engaged in the file, that they have selected a site and are making plans for the move, but in partnership with the community. Sansoucy repeated the question in French, and Trudeau read the same response in French from a script.
Roundup: Suspension as a first step
The Senate’s Conflict of Interest and Ethics Committee has considered the Senate Ethics Officer’s report into the conduct of one Senator Lynn Beyak and found her response to be wanting. Because she has refused to acknowledge wrongdoing and hasn’t removed the racist letters from her website, let alone apologise for posting them, they are recommending that she be suspended without pay for the remainder of the current parliament (meaning that it would end when parliament is dissolved and the writs drawn up for the election). Part of the thinking is that the time away – without pay or access to Senate resources – will give her time to think about her actions, and they suggest that the sensitivity training about racism and Indigenous history should be out of her own pocket. And if she still refuses to take action, they’ll look at having Senate administration take the letters down from her site (though nothing would stop her from moving them to a site that she hosts on her own), and if she still refuses action, well, they can revisit her fate in the next Parliament.
A couple of things to consider in all of this. First – it may help to re-read my column on the subject – is that they are likely recommending suspension because they will be very reluctant to recommend full expulsion without exhausting all avenues, and to afford her every single bit of procedural fairness and due process they possibly can in order to ensure that if it comes to that, that they will be on unshakeable ground. Setting a precedent for the removal of a senator should be done very, very carefully, and it has been argued in some circles that the reason why Senators Duffy, Wallin and Brazeau remain in the Chamber are because the need to be politically expedient in their suspensions and not affording them proper fairness essentially made it impossible to recommend expulsion in the future because they could plausibly argue that they hadn’t been afforded the due process. Consider that lesson learned with how they are dealing with Beyak.
I can’t stress enough that recommending expulsion is an extraordinary step, and they can’t just do it because she’s an unrepentant racist (even though she doesn’t see herself that way) – especially because part of the whole reason the Senate has such strong institutional protections is because Senators are supposed to be able to speak truth to power without fear of repercussion. But it’s clear that this isn’t what Beyak is doing, and they need to go to great lengths to prove it and to provide enough of a paper trail to show that there is no other choice to deal with her than expulsion, because this is a very dangerous precedent that they would be setting. More than anything, the measures they are recommending are done in the hopes that she does the honourable thing and resigns, though it remains to be seen if she will get that hint (given that she refuses to believe that she’s done anything wrong). This will be a slow process. People will need to be patient. Demanding her immediate removal will only make things worse.
Senate QP: O’Regan regales
It was the first time I’ve managed to get to Senate Question Period in their new chamber (previous attempts having been thwarted in one manner or another), and while the building is amazing, I find myself underwhelmed by the temporary Chamber itself. This having been said, the ministerial guest of honour today was Seamus O’Regan, minister for Indigenous Services, his first appearance in his new portfolio. Senator Don Plett led off, accusing the government of killing Indigenous jobs by rejecting the Northern Gateway pipeline, to which O’Regan stated that individual projects are as diverse as the diverse Indigenous communities, so you couldn’t make sweeping statements. He added that they work with Indigenous communities because it’s the right thing to do, and businesses want certainty, which is why the Conservatives’ environmental assessment legislation wasn’t working. On a supplemental, Plett accused the government of threatening future Indigenous projects with Bill C-69, and O’Regan took a swipe at the previous government’s record before regaling the Senate with the notion of doing regional assessments with the legislation.
QP: Why can’t you spend in Canada?
On a lovely Tuesday afternoon, and all of the leaders were present for a change. Andrew Scheer led off, and he accused the prime minister of showing weakness in the face of China, to which Justin Trudeau assured him that diplomatic efforts were ongoing, and that they would have new measures for canola farmers in days. Scheer then demanded that the government pull out of the Asian infrastructure bank, to which Trudeau read a script about who all is involved in said bank, and about green and inclusive growth. Scheer repeated his demand, comparing it to pipeline development in Canada, and Trudeau extemporaneously reminded him that the previous government couldn’t get pipelines to new markets because they didn’t understand that they needed to get the buy-in of Indigenous communities. Scheer switched to French to demand the same pull out, and Trudeau read the French version of his script. Scheer then read a question about the CBC story on decade-old illegal donations from SNC-Lavalin, and Trudeau used a script to note that they made changes to increase transparency. Jagmeet Singh was up next for the NDP, and he invoked the name of Jack Layton to complain about corporate tax cuts before demanding the Loblaws contract be cancelled. Trudeau reminded him that the private sector has a role to play in fighting climate change. Singh repeated the question in French, and got much the same answer. Singh then raised the issue of annual flooding in Kasheshewan and demanded the promised relocation take place, and Trudeau took a script to remind him that the minister has met with the community and they have been working with them on the relocation, starting with building the necessary road. Singh repeated the question in English, and Trudeau reiterated his response that work was underway in partnership with the community.
Roundup: Vetting judges? Oh noes!
Yesterday the Globe and Mail had a story about how the current government will run potential judicial nominees through the Liberal party’s voter database as part of the vetting process, which was followed by an analysis of how many appointees were Liberal donors. This first came up weeks ago when yet another Jody Wilson-Raybould-related leak revealed that she was trying to “depoliticize” the appointment process by not providing certain information to PMO when she passed along recommendations, which is a problem – not that it was framed that way. This current story follows up on that, and has a few framing issues of its own. There are a few things to unpack in this, but first of all, I’ll let Adam Goldenberg point out a few issues with this analysis:
https://twitter.com/adamgoldenberg/status/1121013782795497478
https://twitter.com/adamgoldenberg/status/1121013787128156160
https://twitter.com/adamgoldenberg/status/1121013789766369280
https://twitter.com/adamgoldenberg/status/1121024056663400448
With this in mind, I have a few thoughts of my own – first of all is that I think Goldenberg is correct in his reminder that vetting includes political vetting – and the party’s database (as Susan Delacourt noted on Power Play) contains more than who donated – they will collect all manner of information as part of their construction of voter profiles, so it makes sense that they would also run potential appointments through this. (The fact that parties don’t have stringent privacy rules around their databases is a discussion for another day). Why? Because the prime minister is ultimately politically accountable for all Governor-in-Council appointments, and that includes judges. And so long as the prime minister is politically accountable, I think it’s reasonable that his office does whatever vetting they deem necessary – and there’s nothing in here to indicate that they’re checking to ensure that they’re voting for Liberal partisans, which we need to keep in mind.
Re: Liberals appointing judges who were past donors (https://t.co/SptS88E5xx). Plus ca change. @janicetibbetts pic.twitter.com/WoaJjkkIuy
— Glen McGregor (@glen_mcgregor) April 24, 2019
The other aspect of his story that makes me a bit queasy is the implication that there is favour being shown to Liberal donors – and the math bears out a little bit that while seventy percent of appointees hadn’t donated to anyone, twenty-five percent of them donated to the Liberals, which is disproportionate to other parties. But we also need to remember a few things, the primary one being that we need to stop treating political donations as a bad thing. The donation limits in this country are quite small – you’re not going to bribe someone for $1200, let’s face it – and we donations are a form of engagement. Engagement is a good thing. The more we stigmatize past political donations – and those donations could be for a variety of reasons, such as an acquaintance running in a local campaign, or because they wanted the tax receipt – the more we send the message that engagement is bad, which is the very opposite of what we should be doing in a country where we already have abysmal levels of engagement, whether it’s taking out party memberships, donating, or volunteering (and yes, Samara Canada has done research on this). Pearl-clutching stories like this just reinforce this narrative, which is bad for democracy.
Roundup: A hung parliament in PEI
The PEI election did not result in a Green Party majority, because shockingly, the polls were wrong. It did result in a hung parliament, which has never happened before in that province, and yet every single media outlet and then the prime minister himself declared that the progressive conservatives had won a minority. Err, except we don’t know the composition of the next government yet because the lieutenant governor hasn’t invited anyone to form government, and the seat distribution – 12 PC, 8 Green, 6 Liberal – is one where it’s not actually clear that the PCs will form government, as a Green-Liberal coalition remains more than possible. Which isn’t to say that it will happen, but there is a way in which government formation works in a Westminster system, and simply winning the most seats, even if you don’t win a majority, doesn’t mean that you get a chance to form government. It doesn’t work that way! And it would be really great if the media would stop creating this false sense that it works that way, because it doesn’t. And even if the PCs do form government, they will need one of the other parties to prop them up, and that will have a significant effect on the shape of that government. Pre-empting the lieutenant governor’s call simply invites confusion, which we should probably be avoiding.
“Premier-designate”? Has the lieutenant governor asked King to form a government yet? #civicliteracy https://t.co/LUTxNNIq8G
— Dale Smith (@journo_dale) April 24, 2019
Happily, the province’s electoral reform referendum also went down in defeat (and this is another place where the urban-rural split will likely be evident). Hopefully this means that the advocates will shut up about it because they keep losing. I know they won’t – they’re convinced that people just don’t understand or are too stupid to realise that PR is so good for them (it’s not), but you would hope that the constant defeats would be some kind of dissuasion.
Roundup: A trio of justice issues
There were three major law-related stories in the news yesterday, starting with the announcement that Supreme Court of Canada Justice Clement Gascon has opted to retire early, citing “personal and family reasons.” This was quickly followed by Justin Trudeau announcing that a replacement process would be launched, and would again be headed by Kim Campbell, while the Conservatives followed a few hours later with a demand that this process not go ahead until the leak from the previous process was investigated (though the Privacy Commissioner is already on that case). The thing to remember of course is that there is something of a deadline here, being the election, and it’s more than possible that the Conservatives want this delayed so that they have the possibility of naming the next judge if they should happen to form government in October. For what it’s worth.
The second story was that of the carbon tax reference at the Ontario Court of Appeal, which was live-streamed for the first time in its history. The province’s argument apparently is that if the federal government is allowed to impose a carbon tax, that they’ll start intruding into other areas of provincial jurisdiction, which is…dubious. And it sounds like the judges weren’t having much of that line of reasoning either.
https://twitter.com/cmathen/status/1117808109802663938
https://twitter.com/EmmMacfarlane/status/1117809485395816451
https://twitter.com/EmmMacfarlane/status/1117811576940060673
The third law story of the day was the revelation that the directive around civil litigation involving Indigenous people that Jody Wilson-Raybould instituted as one of her last acts as justice minister has been fiercely contested within the department because it many cases, it amounts to litigating badly and not actually getting the courts to resolve the legal questions that are at issue, which they argue doesn’t actually help reconciliation because you’re not dealing with underlying issues that require resolution. The piece also noted the frequent and direct political interference that Wilson-Raybould exerted on civil litigation (which she can do as Attorney General, unlike the arm’s length nature of criminal prosecutions), sometimes undermining the arguments that Crown attorneys were trying to advance in the middle of cases. It’s fascinating reading and yet more insight into what was going on with Wilson-Raybould in the lead up to her being shuffled.
Roundup: Unenforceable garbage legislation
As expected, the Speaker ruled yesterday that he didn’t have the jurisdiction to police whether or not the different party caucuses adhered to the Reform Act additions to the Parliament of Canada Act, and thus Jane Philpott’s complaints will fall on deaf ears (just as Erin Weir was hoping to belatedly make the same complaints about his own expulsion from NDP caucus). And then we immediately got another wave of self-righteousness over the Twitter Machine about how terrible it was that MPs couldn’t even follow their own laws just after they passed them.
Does this mean that the Reform Act was, while noble in goal, a functionally unworkable and inappropriate addition to the Parliament of Canada Act that only passed because it was too awkward to reject it? Yeah, pretty much.
— kady o'malley (@kady) April 11, 2019
To recap the whole Reform Act saga: It was a dubious prospect from the very start because it was utterly misguided in what it was trying to accomplish, which was to nominally weaken the power of the party leader and strengthen the power of MPs. Everyone was treating this as a rebuke of the “dictatorial” Stephen Harper, so it became this big optics battle, never mind that it would have done nothing about the Conservative caucus and their mood, since the vast majority of them were still convinced that Harper walked on water. And while Michael Chong may have been noble in sentiment, he chose the wrong vehicle to make his proposed changes. The right vehicle would have been reforming leadership selection processes, which are the bane of our system, but he didn’t dare do that, so we got the Reform Act instead. And because no party actually wanted to do more than mouth the platitudes of the bill, they ensured it was so completely neutered in committee and made optional, with no enforcement, that we got the eventual garbage bill passed into law because it felt good to do so.
Here’s the thing: MPs didn’t need this bill to give them any more power. They already had all the power they needed, but they either choose not to exercise it, or don’t know about their own powers because, well, most of them don’t even know their own job descriptions. (This is why I wrote my book). And Chong’s garbage bill actually limited their powers under the guise of strengthening them. But would anyone articulate that at the time (other than me, howling into the void from the pages of the National Post)? Of course not. All of the hollow platitudes were siren song. And so once again, MPs passed a meaningless (but not actually harmless — the bill is actually democratic poison) bill into law with no intention of following through on it, because it felt good. And this kind of thing keeps happening because not enough MPs are serious enough about their actual constitutional roles. We need better informed MPs, or this kind of thing will keep happening.
QP: Concern trolling over perjury
The Thursday before the Easter break, and neither Justin Trudeau nor Andrew Scheer were present. That left Alain Rayes to lead off in French, and he demanded that the prime minister commence his legal action right away. Bardish Chagger said that Canadians heard the truth because the PM had the courage go waive any confidences, but the legal letter was sent because the leader of the opposition keeps speaking falsehoods. Rayes dared Chagger again, and Chagger reiterated that they took the first step with the letter. Mark Strahl took over in English, with added bluster, in demanded that the prime minister see his leader in court. Chagger reiterated her points in English, and so Strahl tried again, and again, not that the answer changed. Jagmeet Singh was up next, and he wanted assurances that the government would not interfere with the Director of Public Prosecutions, to which Chagger was concerned that Singh seemed to indicate a lack of confidence in the Ethics Commissioner of other institutions. Singh demanded a public inquiry in French, to which Marc Garneau stood up to say that Canada was cooperating with the OECD. Singh then asked about big banks’ sales practices and worried the government was only worried about big corporations, and Ralph Goodale reminded him that they introduced tougher penalties against banks giving misleading information. Singh tried again in English, and Goodale repeated his response with a tone of exasperation.