Roundup: A new Supreme Court appointment

The government announced their new pick for the Supreme Court of Canada, and lo and behold, it’s Justice Malcolm Rowe of the Newfoundland & Labrador Court of Appeal. It’s a little unexpected considering what they were signalling in terms of looking for more diversity on the bench, but they managed to find a bilingual justice in Newfoundland & Labrador, and they get to pat themselves on the back for making the first appointment to the top court from that province, so they’ve made history! Also, they’ve respected the constitutional convention around the regional composition of the court, and for that, the Conservatives have declared victory – because it was totally their non-binding supply day motion that forced the government’s hand! (Also, appointment panel head Kim Campbell seemed pleased that this was the choice from the short list that they submitted).

So Atlantic Canada is happy, and the government is making a big deal out of its new process including transparency by publishing the application form that Rowe submitted with his answers to a number of questions around his thoughts on significant decisions that he has been a part of, and his thoughts on the role of the judiciary in the legal system, which is unprecedented. As well, next week both the justice minister and Campbell will face a parliamentary committee to explain their choice (thus preserving the committee role of holding cabinet to account), to be followed by a Q&A session with Rowe to be led by a law professor with both MPs and Senators asking the questions. So transparency without devolving into an American-style “confirmation” process. At this rate, Rowe should be on the top court by early November, which means he’ll have missed about half of the fall session of the court (which isn’t as bad as the vacancy issue caused by the Nadon appointment where the court sat 8 in a number of cases). Of course, Rowe’s answers are already provoking some criticism, though it’s not necessarily shared by all members of the legal community. (Incidentally, you can see Carissima Mathen’s Power Play interview on the appointment here).

https://twitter.com/cmathen/status/788201168585560064

So what of the signals the government was sending that they wanted an Indigenous judge, preferably a woman? Well I do think reality did set in when they faced pressure from their Atlantic caucus and the premiers to ensure that the seat remained an Atlantic one. It may well have been them floating a trial balloon about abandoning the convention, but it may also have been a warning. There are two more seats opening up in the next few years (barring deaths or retirements), being Chief Justice Beverley McLachlin (a Western seat) and Justice Rosalie Abella (an Ontario seat), and in both of those cases, the government is saying to the legal community that there had damn well better be some more diverse, bilingual candidates ready to fill those seats when the time comes – something that was more difficult to find in Atlantic Canada owing to their demographics. We’ll see in the next few years, of course, but I think the warning has been delivered.

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QP: Tributes for Prentice

Half of the leaders were present in the Commons today, and after some tributes for the late Jim Prentice from all parties and a moment of silence, QP got underway. Rona Ambrose, mini-lectern on desk, asked about the size of the deficit, which is more than had been promised. After a quick rebuke about making investments, Justin Trudeau gave a tribute to Prentice of his own. Ambrose was concerned that jobs were not being created and demanded that he stop spending and focus on jobs instead. Trudeau noted that the Conservative approach didn’t create growth, while he was cutting taxes for the middle class. Ambrose then mischaracterized a whole list of things as taxes before decrying the possibility of a Netflix tax. Trudeau repeated his response about cutting taxes on the middle class. Denis Lebel was up next, decrying the lack of a softwood lumber agreement and how it was hurting families. Trudeau responded with the list of ways they are helping families. Lebel doubled down on the softwood lumber agreement, and Trudeau agreed that they were concerned about the file, but the former government’s broken relationship with the Americans didn’t help. Peter Julian led off for the NDP, demanding money for home care while mischaracterizing the changes to health care escalators. Trudeau reminded him that the Harper approach to healthcare was to write a check and not ensure that the money was spent on healthcare. Julian demanded that the health transfer escalator remain at six percent for another year, but Trudeau was not responsive to his logic. Brigitte Sansoucy repeated both questions again in French, and got much the same response from Trudeau in French.

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Roundup: A dying brand of politics

As tributes to Jim Prentice continue to roll in, we see one in particular from Michael Den Tandt, who says that the particular blend of civility and competence that Prentice had is becoming a fading quality in politics, not only looking south of the border to the giant tire fire that they call their presidential election, but also toward the Conservative leadership race in this country. Why is it fading? Because that kind of politics isn’t selling to the angry populist wave that seems to have captured so many imaginations, and in that race, it’s less Maxime Bernier who is capturing that angry populism (despite his claiming the “Mad Max” label by being “mad” about so many government problems) than it is by Kellie Leitch and her campaign manager, Nick Kouvalis. And case in point, Leitch officially launched her campaign on the weekend (remember, it was just an exploration beforehand), and lo, was it full of angry populist rhetoric that doesn’t make a lot of sense when you actually listen to it. Leitch continues to insist that she’s not anti-immigrant – she just goes about completely mischaracterising this country’s immigration system (you know, which the government that she was a part of had an opportunity to apparently do something about over the last decade and apparently didn’t), and pits “good” immigrants against “bad” ones – which, to be fair, is something Jason Kenney got really good at over his time as the cultural outreach guy in the Conservative party. Suffice to say, here are Justin Ling’s tweet’s from Leitch’s launch, and if it sounds like her going down the angry populist checklist, it’s because that’s what it pretty much is – which lends a little more credence to what Den Tandt was saying about Prentice’s breed of politician fading away.

https://twitter.com/Justin_Ling/status/787359199957245952

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QP: Everything is overwrought

Thursday before a long weekend, and not a single leader was present in the Commons for QP. Denis Lebel led off for the Conservatives and he lamented the imposition of a carbon tax on the costs on groceries. Jim Carr answer for the government, praising the ratification of the Paris Agreement. Lebel asked again in English, prompting Carr to chide Michelle Rempel for her attacks on those job creators for their support for carbon pricing. After another round of the same in French, Candice Bergen railed about how uncaring the government was about Canadians suffering under the carbon tax, for which Jean-Yves Duclos reminded her that they had programs to help poor Canadians. Bergen went on a second overwrought round, and a Marc Garneau noted that the minister of infrastructure was at this moment meeting with municipal leaders in Alberta regarding infrastructure commitments. Brigitte Sansoucy led off for the NDP, railing about the imposition of health transfers on the provinces, to which Jane Philpott reminded her that they were still discussing with provincial and territorial counterparts on priorities and funding. After a second of the same, Don Davies asked the same again in English, falsely calling changed escalators a cut, and Philpott reminded him that more money was not the answer, but priority investments were.

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QP: Carbon price or tax?

Rona Ambrose was still away, which left Denis Lebel to lead off again, where he wanted assurances that carbon pricing would not cost consumers more for the things they need. Justin Trudeau gave some of his usual assurances about economic growth while protecting the environment, but added that the pricing was revenue neutral for the federal government, so it was up to the provinces to determine how to reimburse their citizens. Lebel asked again in English, got the same answer — with a Trudeau slip in calling the price a “tax” which the Conservative benches were in uproar about, and then Lebel asked a third time, again in French, to get the same reply with some added chiding. Pierre Poilievre was up next with sob stories of people who can’t pay their power bills and get groceries (with some additional digs at the Ontario government), and Trudeau hit back at the way that the Conservatives were happy to give tax breaks and childcare cheques to millionaires, and then they went another round of the same. Thomas Mulcair was up next for the NDP, brandishing the name “Stephen Harper” as though it were a talisman with regards to emissions targets. Trudeau batted back the concerns, saying the NDP like to talk targets without any plans to achieve them. Mulcair wanted to know that they were working with Indigenous communities about GHG reductions, and Trudeau assured him that they were. Mulcair then raised “Stephen Harper’s cuts” to healthcare transfers, disingenuously calling a changed escalator a cut, to which Trudeau assured him that they were working with provinces to respond to the needs of Canadians, and they went another round of the same in French.

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Roundup: Modernization beyond cameras

The Senate’s modernization committee came out with their first report yesterday that had 21 recommendations, almost all of which were fairly common-sense, but wouldn’t you know it, the only one that most media outlets glommed onto was the one about broadcasting Senate proceedings, never mind that it was pretty much always the plan to do so once they moved to the new chamber in 2018 (as it was too expensive in the current one given the maxed out infrastructure). Other recommendations that caught the mainstream attention were developing a mechanism to split up omnibus bills, giving a more proportional role for non-aligned senators on committees and coming up with a modified way of selecting the Senate Speaker (in a rubric that doesn’t require constitutional amendment) were also up there, while Kady also clocked the recommendation on ensuring that they recognise any group over nine senators that wants to organise themselves as a caucus or parliamentary group that can choose its own leader, and that those groups can have access to sufficient research dollars.

Less publicised were the number one recommendation of a mission statement for the Chamber to guide its activities in the Westminster tradition, finding ways to reorganise its Order Paper and Senate Question Period to not only formalise inviting ministers but also Officers of Parliament (but I’m less keen on reducing it to two days per week to give the “Government Representative” a break – if he wants the salary, he should keep up with the workload). The Independent Working Group says they’re mostly happy with these changes, but want more assurances of representation on key committees like Senate Rules and Internal Economy, where they need to have the actual power to break up the duopoly that currently exists between the established parties, which is fair.

What the report does not say is that parties should be eliminated, and in fact goes out to specifically say that the institution functions within the Westminster model, which includes government and opposition roles, and nothing in that report is intended to assume or advocate for the elimination of those roles, and that’s important. Opposition is important for the practice of accountability, and that’s something the Senate is very good at providing. There will be more reports and recommendations to come, and I’ll have more to say in the coming days, but I’m heartened to see that there is a commitment to preserving these key features, rather than to blow them up in the continued kneejerk allergy to partisanship that currently grips the imagination of would-be Senate reformers.

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QP: Carbon tax woes

While Rona Ambrose was still away, we had both the PM and NDP “interim” leader Thomas Mulcair present for the day. Denis Lebel led off, decrying federal interference with the provinces with the imposition of their carbon tax. Trudeau insisted that they were working with the provinces to move ahead with tackling emissions. Lebel switched to English to ask again, and got much the same answer, with Trudeau making a few more digs about the previous government not being willing to work with provinces. Lebel went another round in French before Ed Fast took over to ask the same question yet again in English, concern trolling about the three provincial environment ministers who walked out of the meeting with federal ministers. Trudeau largely repeated his points about working with the provinces to create a strong economy and a clean environment. Fast read out condemnation from those ministers, and Trudeau ensured him that their plan would create jobs. Thomas Mulcair was up next, decrying the endorsement of “Stephen Harper’s targets,” and lamented the too-low carbon price. Trudeau replied with his established points about showing leadership in creating jobs and protecting the environment. Mulcair asked again in French, got the same answer, and then moved onto concerns about the Canadian Nuclear Safety Commission in the wake of the Environment Commissioner’s report, to which Trudeau said they would follow up on the recommendations. For his final question, Mulcair demanded that the government agree to the NDP motion on a committee on arms sales, but Trudeau did not agree, and pointed to their adopting the small arms treaty.

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Roundup: Trudeau plays hardball

Yesterday was the day that Justin Trudeau decided to start playing hardball. Under the backdrop of the debate on ratification of the Paris Agreement on GHG emissions, he dropped the hammer on a minimum national carbon price, starting at $10 per tonne in 2018, rising to $50 per tonne by 2022, and provinces would keep the revenue with the intention that it be revenue neutral, so as not to ensure this is a federal “tax grab.” Any province that doesn’t comply will have the price imposed and the revenues returned to them. Stéphane Dion feels vindicated by this development, incidentally. Oh, and Trudeau probably isn’t going to meet with the premiers about their demands around the health transfer escalator either.

https://twitter.com/Geddes28/status/783000372730298370

Some of the provinces were immediately incensed. At the environment ministers’ meeting in Montreal, ministers from Saskatchewan, Nova Scotia and Newfoundland and Labrador walked out of the meeting, and true to his diva self, Saskatchewan Premier Brad Wall declared the “level of disrespect” to be “stunning” – never mind that Trudeau has been telegraphing this move ever since the Vancouver premier’s meeting. Alberta, incidentally, whose own plans surpass Trudeau’s, say that they won’t support it unless there’s a commitment for more pipelines, while Manitoba is non-committal for the moment. (Other provincial positions here).

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Brad Wall, for his part, is threatening to take the government to court over carbon pricing, but it’s not likely to get anywhere.

https://twitter.com/cmathen/status/783058718438981632

In terms of analysis, economist Trevor Tombe reminds us why pricing carbon is the most effective market mechanism to deal with climate change, while John Ivison says that Trudeau may have outsmarted his opponents, and Andrew Coyne notes the one-sidedness of any federal-provincial negotiations.

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QP: Taking the provinces’ phone calls

While Justin Trudeau was not only present, having already participated in the debate of the day (a rarity for any PM these days), his leaders opposite were not. Rona Ambrose was off to the UK Conservative caucus in Birmingham, while Thomas Mulcair was elsewhere. Denis Lebel led off for the Conservatives, demanding a signed softwood lumber agreement before it was too late. Trudeau responded by reminding him that the previous government neglected the file while his government has been hard at work in negotiations. Lebel moved onto the healthcare transfers file, demanding the government respect provincial jurisdiction, but Trudeau shook it off, ensuring that they were working together. Lebel insisted that there was peace with the provinces when the Conservatives were in charge and why wouldn’t the federal government just let them be rather than meddle? Trudeau insisted that the provinces were much happier now that the federal government answered their phone calls. Ed Fast got up next to decry the “carbon tax grab” being shoved “down the throats” of Canadians. Trudeau hit back that the previous government ignored the file and made no progress, while his government was. Fast tried again, decrying it as an intrusion on provincial jurisdiction, but Trudeau reminded him that they were indeed respecting said jurisdiction. Robert Aubin led off for the NDP, lamenting the “Harper targets” for GHGs, and Trudeau noted that they had just tabled their plan, and soon all Canadians — not just 80 percent — would be in a carbon priced jurisdiction. Aubin went again another round, got the same answer, and Linda Duncan took over in English, decrying that the announced starting carbon price was too low to be effective. Trudeau noted they were simultaneously developing a strong economy while being environmentally sustainable. Duncan worried the government was abandoning the clean energy future, but Trudeau reiterated his answer a little more forcefully.

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Roundup: The new Senate hurdles

Just how MPs should deal with an increasingly independent – and assertive – Senate is the question posed by former MP Bryon Wilfert and his firm partner Paul Hillier, and it’s a question that I’m really not sure that Justin Trudeau adequate considered when he embarked on this path to modernization. While they note that no longer having senators in caucus limits the closed-door opportunity to hear and debate government proposals, I will state that they overplay the concern about the ability to whip those votes. There has never been any formal power to whip senators’ votes, but they relied primarily on sentimentality or affiliation, and sometimes senators went along, and sometimes they very much didn’t. That’s one of the reasons why there remains a bit of a taint around the post-2008 Harper appointees, because most of them came in being told that they could be whipped, and they behaved as though they could – up until fracture points around the contentious bill C-377, and then they rebelled against their Senate leadership (and it’s not a coincidence that Marjory LeBreton resigned as Government Leader shortly thereafter). They also point to the very real problem that with so many new MPs, and with the Liberal senators no longer in caucus, the personal relationships between parliamentarians that would normally exist no longer do, and that does start to exacerbate the problem of driving legislation through the Senate.

Where I see their proposed solution as being problematic is the suggestion that committee chairs be the new agents to set the legislative pace and of trying to build consensus. Why I think this is a problem is that the point of committees is to hold the government to account, which is why ministers are so frequently called to appear before them. If the chair is acting as the agent of the government, rather than of the committee itself, it creates something of a conflict in their roles. As well, many of the committee chairs are from the Conservatives (not that the Senate Liberals are the same party as the government, but there is an assumption of greater sympathy despite the fact that the relationship has been pretty testy to date). Trying to co-opt those chairs into being government agents to drive consensus would seem to be antithetical to the purposes of having an opposition, and its accountability functions. It also puts those chairs in the awkward position of having stakeholder groups trying to court them in order to get their support in rounding up senators to support the bills – groups that would also want to come before committee to plead their cases when the bills get to said committees, which again presents a bit of a conflict. If anything, I do think this highlights the value of having caucuses for organisational purposes, and arranging these meetings – and yes, the Independent Senators Group could possibly host these same kinds of stakeholder discussions without trying to come to an internal consensus, allowing their members to make their own minds up (and to date, they have operated on a rule that anyone trying to get support does so outside of their meeting room). It will continue to take getting used to, but it will continue to take some serious thought about what roles we’re asking people to take on within the chamber in order to get bills passed.

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