Roundup: The wrong way to rein in the Senate

Sometimes you read clueless columns, and sometimes the columns are so utterly clueless that you have to wonder how they ever got past an editor in the first place. The Globe and Mail featured one such yesterday morning from Campbell Clark, who asserted that it’s now Justin Trudeau’s fault that Mike Duffy is claiming expenses because cabinet ultimately has control over expenditures.

I. Can’t. Even.

The complete and rank civic illiteracy coming from a columnist in a national newspaper is galling, and looks a hell of a lot like he’s just making stuff up as he goes along. And no, I’m not chalking this up to a mid-August phoned-in column, because this isn’t the first time that he’s made this suggestion before, and it needs to stop. And it’s such an elementary part of civic literacy that Clark is apparently unable to grasp, which is that it’s the job of the legislature to hold the executive in check and not the other way around. In fact, it’s the job of the House of Commons to grant supply to the government for its operation and not the other way around. The Senate most especially exists to serve as a check on an executive that has a majority in the House of Commons. Neither the House of Commons nor the Senate are a government department – they don’t report to the Cabinet, nor does Cabinet control their expenditures because fundamentally they have institutional independence. Can you just imagine what would happen if Cabinet did control their purse strings? It would be nothing but a constant string of threats to cut of MPs’ or senators’ salaries or office budgets if they didn’t fall into line. That’s not how the system works, and Clark’s suggestion makes as much sense as giving cabinet the authority to go after judges’ salaries if they strike down that government’s laws. Add to that, Clark’s suggestion that the government should start clamping down on how much Senators can spend is so ludicrously boneheaded that it boggles the mind. You see, if MPs go after senators’ expenses, then senators will turn around and go after MPs’ expenses, and veto any budget until their independence is no longer being threatened. And why? For cheap optics? The Senate has a job to do, and democracy costs money. If Clark thinks that things work differently under our constitutional arrangement, then he is sadly mistaken, and he needs a remedial course in basic civics post haste because what he’s written is wholly and completely irresponsible. So no, it’s not Justin Trudeau’s government’s problem that Mike Duffy is claiming housing allowances, it’s Duffy’s problem (as we established yesterday). For anyone to claim otherwise doesn’t know or understand how our system operates.

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QP: Endlessly repeating the same question

While it was Monday, the no major leaders in the Commons — Justin Trudeau was several blocks away talking about Canada increasing its contributions to the a Global Fund to fight HIV and TB, while Rona Ambrose was in Alberta, and Thomas Mulcair was, well, elsewhere. Andrew Scheer led off, mini-lectern on desk, asking if the government would match donations to other charities than just the Red Cross in the Fort McMurray wildfires. Ralph Goodale praised the capacity of the Red Cross, and said they would look at other compensation going forward. Scheer then asked why the PM’s in-laws went to Washington and not the Natural Resources Minister. Dominic LeBlanc reminded him that the president himself invited the PM’s mother and in-laws. Scheer lamented that party “bagmen” also squeezed out ministers, and LeBlanc reminded him that the two in question were invited by the White House, and the taxpayers paid no part of their trip. Gérard Deltell then took over in French, asking the same question again twice, and LeBlanc repeated the response in the other official language. Dion responded on the second time, and he praised the work of the Natural Resources minister in getting an agreement with the Americans. Peter Julian led off for the NDP, howling about KPMG’s involvement. Diane Lebouthillier decried those wealthy individuals who haven’t paid their fair share, and that there were criminal investigations underway, contrary to his assertion. Julian asked again in English, Lebouthillier repeated her answer, adding that she isn’t sure why he can’t understand it. Niki Ashton hectored about the size of the budget implementation bill, for which Bill Morneau disputed that it was an omnibus bill. Ashton then demanded immediate decriminalisation of simple possession of marijuana, and Bill Blair quoted Mulcair in saying certain decriminalisation would be a mistake.

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QP: California meetings

Tuesday, and only two of the three main leaders were all in attendance, possibly for the only time this week. Rona Ambrose led off, mini-lectern on neighbouring desk, and raised the subject of that Torys fundraiser that Jody Wilson-Raybould attended. Justin Trudeau noted that the rules were followed, the Conservatives were convicted of election fraud, and Conservatives had been convicted of election fraud. Ambrose said that when their government had a similar issue “from a mistake” that they paid it back — not actually true, as Shelly Glover attended a fundraiser with people who were looking to her for grants, and thus was not a similar situation. Trudeau noted that they only paid the money back when they got their hands caught in the cookie jar. Ambrose gave it one last shot but got the same response. Denis Lebel took over, and railed about the figures in the budget, and raised quotes from the parliamentary budget officer. Trudeau insisted that no, his government was being open and transparent. Lebel then raised the old bill C-377 and now it was all about union transparency. Trudeau reminded him that it was actually about using transparency against their rivals, which was not what his government was about. Leading for the NDP, Hélène Laverdière asked about the signing of the Saudi LAV export permits, and Trudeau said that he would not renege on a deal and he had confidence in Dion. Laverdière demanded the contract be made public, but got the same answer. Nathan Cullen then decried the lack of new GHG targets, for which Trudeau reminded him that they are working with the provinces. Cullen asked again in English, and got the same response.

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QP: Disclosures and the rules

It was Audrey O’Brien Day in the Commons, as the Clerk Emeritus sat at the head of the table as a farewell to her time serving MPs. Rona Ambrose started off by paying tribute to O’Brien before she got to her question about pipelines, and how there was now a tanker ban on the west coast after Northern Gateway was approved (only it wasn’t really approved, as there were 200+ conditions attached). Trudeau also paid tribute to O’Brien before reminding Ambrose that they didn’t get any pipelines built. Ambrose demanded to know if Trudeau would let Energy East or Transmountain go through if they were approved, but Trudeau stuck to generalities. Ambrose tried again, but got a reminder that her government didn’t get pipelines to tidewater in ten years. Denis Lebel was up next, worried about the lack of information in the budget. Trudeau reminded him of the promises that they made to families in the election. Lebel tried to burnish his government’s record, but Trudeau’s answer didn’t change. Thomas Mulcair was up next, and after a brief homage to O’Brien, lambasted the government for approving the Saudi LAV deal. Trudeau reminded Mulcair of statements he made regarding the jobs in question and not cancelling agreements. Mulcair then accused Trudeau of using numbered companies to avoid taxes, but Trudeau insisted that all taxes were paid. Mulcair pressed, and Trudeau reminded him that he has been open about his financial holdings. Mulcair asked again in English, and Trudeau stood by his disclosures.

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Roundup: Enter Peter Harder

Those seven new independent senators are now sworn in and installed, and it seems the Conservative spared no time in trying to insist that they were all secretly Liberal partisans, particularly the new “government representative,” Senator Peter Harder. In response to questions during a restored non-ministerial Senate QP, Harder said that he was recommended for appointment by the Institute for Research on Public Policy, and that he had no communication from the government about it. He also claimed he didn’t intend to be partisan, but be a kind of bureaucratic presence who could field questions on behalf of the government, while relaying concerns to cabinet on occasion. Harder also said that the new practice of bringing ministers to the chamber to answer questions would continue, and be expanded to 40 minutes, which is not a bad thing. What I am a bit more concerned about is the fact that Harder is talking about making amendments to the Parliament of Canada Act to start formalizing some of these changes that Trudeau has imposed on the Senate, but I’m not seeing much in the way of collaborating this with the other efforts to modernise the Senate’s operations. That this would be a discussion around the cabinet table and not involve senators themselves, based on Harder’s statements, is concerning because it does seem like meddling in the way the Senate operates – something Trudeau has already been doing with little regard for the consequences – despite the fact that none of them are in the Senate, particularly under this new regime. I don’t want to go so far as to say that he’s meddling in the Senate’s privilege, but it’s getting close to the line in some cases. The Senate is the institutional memory of parliament, and is supposed to have a longevity for a reason, which is why Harder insisting that it’s not unusual for governments to tinker with the Act to reflect stylistic preferences rubs me the wrong way. I also have some sympathy for the concern that “government representative” is a fairly American term that’s not really reflected in our Westminster traditions (though perhaps Australia’s “Washminster” system may find a more analogous term. We’ll see what Harder starts implementing soon enough, but I do retain a sense of scepticism.

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QP: Déjà vu from Monday

While new senators were being sworn in down the hall, all of the leaders were present for QP in the Commons, and everyone was raring to go. Rona Ambrose led off, reading from her mini-lectern, asking about how the budget numbers don’t add up. Justin Trudeau stated, matter-of-factly that they were putting money in Canadians’ pockets. Ambrose listed people who felt the budget lacked transparent, but Trudeau was undaunted in lauding the good news of the budget. Ambrose accused him of blocking projects like pipelines, and Trudeau hit back a little more pointedly about how “shouting pipelines into existence” didn’t work. Denis Lebel was up next, worried that the infrastructure envelope was thin, and Trudeau lauded the funding. Lebel launched a paean about how great the infrastructure funding was under their government, but Trudeau reminded him that their arguments failed to convince Canadians in the fall. Thomas Mulcair was up next, and got an ovation from the whole of the Commons. He repeated the false equivalency of that Shelly Glover fundraiser with the Jody Wilson-Raybould fundraiser, to which Trudeau listed all of the rules and said that they were being followed. Mulcair switched to the Panama Papers and the story that CRA officials went to work for KPMG, and Trudeau recalled the new funds for CRA in the budget. Mulcair repeated a bunch of dubious accusations and demanded an investigation into KPMG, and Trudeau repeated the funds for CRA. Mulcair closed the round with a question on EI reform, and Trudeau listed the reforms made so far.

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Roundup: The demise of Mulcair, part deux

Plenty of more reactions to Mulcair’s demise and the party’s direction, so let’s get to it. Matt Gurney figures that the party is once again one of protest, while Jon Kay suggests that the party has outlived its usefulness with its embrace of the Leap Manifesto, and that Canada now effectively only has to parties. Gerry Caplan recalls the party’s hey days of 20 percent voter shares, and wonders if they can ever be taken seriously electorally. Andrew Coyne tries to look at the broader cause of Mulcair’s demise, while Jen Gerson says that Rachel Notley’s party that is getting things done is the one the federal party membership really threw under the bus, not Mulcair. David Reevley says the party can’t rebuild while “Zombie Tom” is still at the helm, while Emilie Taman insists that everything’s fine, that the Leap resolution gives the party a “path forward,” which I sincerely doubt. Colby Cosh takes the more existential take of the gradual demise of meaningful political parties writ large, and that if the NDP is but a shell then so is everyone else. He also takes on the notion that the political left is also largely meaningless anymore, which is something else to consider.

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QP: Trying to trip the justice minister 

Following the surprise upset of Thomas Mulcair’s leadership yesterday, it was not difficult to see why he was absent for the first QP after the Easter break. As for the prime minister, he was also absent but we’re not quite sure why. Rona Ambrose led off, script on lectern, asking about a particular kidnapping case, for which Omar Algabra assured her that they were willing to meet at any time. Ambrose shifted to the “betrayal” of small business taxes, for which Bill Morneau insisted that their other measures would help small businesses. Ambrose wondered if Trudeau still believed that small businesses were just ways for the wealthy to shelter taxes, to which Bardish Chagger insisted that wasn’t the case at all. Denis Lebel took over in French, asking about infrastructure spending, for which Amarjeet Sohi listed the various infrastructure funds. Lebel insisted that the funds were already committed by the previous government, but Sohi noted that it wasn’t getting spent. Peter Julian led off for the NDP, asking about the minister of justice’s fundraising. Jody Wilson-Raybould assured him that she cleared the activity and there was no conflict. Julian kept up, to which Dominic LeBlanc to repeat the answer with a little more scorn poured on. Marjolaine Boutin-Sweet worried about a CRA employee going to work on the KPMG board while they were under investigation, for which Diane Lebouthillier recited the new funding for the agency to go after tax cheats. Boutin-Sweet raised the Panama Papers and asked the question again in French, and Lebouthillier noted that there were rules around those who leave the Agency.

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Roundup: To Leap or to cleave?

There are some interesting dynamics shaping up at the NDP convention in Edmonton, which is less about the current tensions over the leadership review vote that Thomas Mulcair will undergo on Sunday, but rather the fact that there appears to be a split developing between the Alberta NDP (and to some extent the New Brunswick arm of the party) and the federal party when it comes to debating the Leap Manifesto. Mulcair himself is in self-preservation mode as he talks about the Manifesto, and promises to live up to it if the membership decides on it, which seems to go back to his particular issues with authenticity because there is no sense of what he believes around it (though he once praised the policies of Margaret Thatcher, so perhaps one could extrapolate from there). Mulcair is now insisting that no, the Manifesto isn’t about shutting down the oil sands or forgoing pipelines, except it pretty much is, with the promise to decarbonise the economy by 2050 – as well as shutting down mining and other extractive industries and tearing up trade agreements under the rubric that they hurt local economies. Mulcair has retreated to the statement that the Manifesto doesn’t explicitly say to leave oil in the ground, but after musing to Peter Mansbridge that he would do everything in his power to go that route if it’s what the party decided, well, the damage has been done, as the Alberta party is distancing themselves, the province’s environment minister calling the federal party’s environmental plan a “betrayal,” and Rachel Notley took to the airwaves to tell Albertans explicitly that she is working to get a pipeline built. The Manifesto’s proponents, however, insist that this is necessary, and that a hard-left turn can win, and cite Bernie Sanders and Jeremy Corbyn – never mind that neither has actually won an election, and likely never could given the personal dislike for them among even their own respective parties. (Seriously – Corbyn had a caucus enemies list drawn up). So will a hard-left turn save the party? It all depends on what they want to do, whether they want to return to being only about principle and the “conscience of parliament,” pushing the Liberals to do the right thing, or if they want power and the compromises that come with it. We’ll have to see what the membership decides, and whether Mulcair fits that vision.

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Roundup: Fair Vote Canada’s shambolic release

It’s not everyday that you get a completely unhinged press release in your inbox, but holy cow did Fair Vote Canada come out with a doozy yesterday. It’s hard to know where to start with such a work of “shambolic genius,” as Colby Cosh put it.

You see, according to the geniuses at Fair Vote Canada, they have cleverly parsed that when Trudeau pledged to “make every vote count” (a boneheaded statement because every vote already counts), he was referring to their slogan, and therefore he must really advocate for Proportional Representation, and because Trudeau has said he has no pre-conceived ideas about what the outcome of the consultations on electoral reform would be, he must really mean that he’s just trying to figure out which proportional representation system to use, because that’s what he’s signalled by using their slogan. Genius, I tell you. Genius!

But Wait… There’s More!™

While referring to Parliament as “the law factory” (Seriously? Seriously?!), they started invoking the Charter to claim that “equal treatment and equal benefit under the law” must mean that Canadian citizens are entitled to having their votes represented in direct proportion to the votes cast. Which is insane and ridiculous because that’s not how our system works at all, and is completely wrong when it comes to jurisprudence. You see, the Supreme Court of Canada has already rejected this line of reasoning, both in terms of the deviation of voting power (i.e. unequal riding sizes) for the purposes of better governance, but also with attempted challenges to the First-Past-The-Post system in the Quebec courts, which were roundly rejected and which the Supreme Court of Canada refused to grant leave to appeal. That means that as far as they’re concerned, the law is settled, and for Fair Vote Canada to try and advance this line of argument is futile and wrong. Because the law is settled. But considering that the whole basis for their advocacy of PR is rooted in sore loserism at the ballot box, it makes complete sense that they are also sore losers when it comes to the judicial system as well.

Moral of the story: Fair Vote Canada has long used falsehoods and logical fallacies to advance their case. This ridiculous and completely specious release is just one more in a dishonest string of arguments they’ve made and will continue to make as this debate heats up in the coming months.

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