Tag Archives: Immigration

Roundup: The good and bad of new Senate rules

Posted on by

The Senate adopted a change to their rules this week, which changed the definition of a caucus so that it no longer depends on being affiliated with a party registered with Elections Canada, but can instead be any nine senators who want to affiliate themselves. The immediate upside of this is that it formalizes the break between the Conservative and Liberal duopoly that has dominated the Chamber for much of its history, and will grant actual formal status to the Independent Senators Group that the majority of the crossbench appointments have affiliated themselves with. Breaking the duopoly is good, because some of the past abuses in the Chamber were enabled by it – why come down hard on the rules when you’ll be the one to benefit from them next, when it’s “your turn” after all?

But where things go from here is where things get a bit more fraught. Senator Peter Harder, the Government Leader – err, “representative,” is pleased as punch by this development because it creates more independence that moves in line with his vision of a chamber without partisan affiliation, where he can then recruit and co-opt senators to his caucuses at will. The notion that it gives senators the freedom to associate themselves in whatever configuration they choose – and usually people’s first idea is on regional lines – is fraught because it takes apart the Westminster model of government and opposition, which is fundamental to our system of government. The ability to have a coherent opposition is an important one, and if the Senate breaks up into interest groups, that makes coherent opposition more difficult, and generally makes it more difficult to hold a government to account – especially if those interest groups start agitating for their own particular special interests rather than having a big enough tent to encompass a multitude of views and regional dynamics within it, like we do now. If we let the Senate devolve into a collection of interest groups, what does that do about its ability to hold government to account, or to actually push back against bad legislation in a coherent manner when it counts to do so? While there is room to grow in the Chamber to permanently fit three or four different caucus groups, we should beware having too many factions. If some of those factions should choose to remain partisan, that shouldn’t be discouraged either – politics is partisan, and the Senate is a political body. That it is appointed, however, means that in most cases, the partisanship is more muted because they aren’t vying for re-election, which is as it should be. But while there are positive outcomes from this rule change, we should keep an eye on it so as to ensure that it doesn’t become abused, especially by those who would exploit the lack of coherent opposition for their own benefit.

Meanwhile, Paul Wells has a good read on the Senator Stephen Greene ouster, and how the two approaches to dealing with this new independent Senate – charm from Trudeau, discipline from the Conservatives – isn’t really working.

Continue reading →

QP: Bell Island conspiracies

Posted on by

With Justin Trudeau on his way to the Microsoft conference in Washington State, and Rona Ambrose bowing out, there were only two leaders present for QP today. Candice Bergen led off, railing about the PM’s Xmas vacation — again — using the reach of a story about the island’s ownership to raise doubts. Bardish Chagger gave the usual reply. Bergen used this as a hook for a question to accuse Chagger of being the wrong person to be in charge of finding a new Ethics Commissioner, and Chagger reminded her that the process is open and anyone can apply. Bergen insisted that the government was simply looking for Liberal donors, citing Madeleine Meilleur’s nomination as Official Languages Commissioner. Diane Lebouthillier took this one, praising Meilleur’s record. Gérard Deltell was up next, worrying about the Infrastructure Bank and the search for a board despite the fact that it had not been created yet. Amarjeet Sohi reminded him of the value of the Bank, and that they wanted to gave board members ready to be appointed when the Bank’s creation was authorised by Parliament. On a second go from Deltell, François-Philippe Champagne took the opportunity to tout the Invest in Canada Agency that they were also looking for appointees for. Thomas Mulcair was up next, spinning a conspiracy about the tentacles of KPMG infiltrating everywhere, and Lebouthillier got up to note all of the measures they were taking to combat tax evasion. Mulcair asked again in French, and got the same answer. Mulcair then took a swipe at Meilleur’s appointment at Languages Commissioner, and Lebouthillier repeated her lines about Meilleur’s record. Mulcair demanded that Chagger recuse herself from the selection of the Ethics Commissioner, and Chagger reminded him of the open process.

Continue reading →

Roundup: Removing a senator over dinner

Posted on by

It started with a dinner invitation. The Prime Minister invited all of the senators who had thus-far sponsored government legislation to dinner to thank them for their contribution and to, presumably, talk about Senate modernization, and how it was taking shape. One of those senators was a sitting Conservative, Senator Stephen Greene, who had sponsored Bill S-4, on a tax agreement between Taiwan and Israel. The Conservative Senate leader, Senator Larry Smith, decided that if Greene was going to dine with the Prime Minister, that he was out of the caucus. Greene said fine – I’m going to be an Independent Reform Senator.

https://twitter.com/notandrea/status/864565859880235008

Part of Smith’s impetus for this move is because the Conservatives in the Senate are trying to preserve the Westminster role of opposition in the Upper Chamber, and that’s not a small thing. And there is a push, led by those like the Government Leader – err, “representative,” Peter Harder, to try and do away with the traditional roles of government and opposition, so that you have one big body of independents, which some of us have a problem with.

https://twitter.com/mariedanielles/status/864573875442651136

The other part of the context here is that Greene has been pushing for reforms in the Senate that would do away with partisan caucuses, and this would have been the final straw for Smith.

I will add that I do think that there is a problem with trying to eliminate the roles of government and opposition in the Senate, and I do think it’s problematic that the government is getting independent senators to sponsor legislation – particularly government legislation, and most especially budget bills. Those should be shepherded by ministers, which the Government Leader should be as opposed to this farcical “government representative” nonsense. Co-opting independents in this way has been problematic not only from a procedural and accountability framework (because ministers should be able to answer on behalf of cabinet when they sponsor such bills), but we have had several instances of independent senators sponsoring these bills with the intent to move amendments to them right away, which complicates their role in sponsoring and defending those bills. Part of this is the growing pains associated with the new reality of the Senate, but it’s also a reflection of this stubborn refusal by the PM to properly appoint a Government Leader who is the point of accountability in the Senate under our system of Responsible Government. Harder is not that, and it is a problem, and what happened to Greene is a fracture point in this bigger issue.

Continue reading →

Senate QP: Rapid-fire Sohi

Posted on by

Fresh from a vote in the House of Commons, Infrastructure Minister Amarjeet Sohi headed over the the Senate for their own Question Period. Senator Smith led off for the Conservatives, asking him how the government is determining priorities for their infrastructure programme. Sohi acknowledged that when they formed government, there was a lack of data on the infrastructure needs around the country, which is why they put their initial focus on repairing existing infrastructure while they got the longer-term plan underway. Smith asked when they anticipated getting their data out to Canadians, and Sohi said that once the budget implementation act was approved, he would sit down with provinces to work with their reporting to match federal standards, given that it was all a series of bilateral agreements.

Continue reading →

Senate QP: Citizenship and refugees on the docket

Posted on by

While the debate on the report recommending Senator Meredith be expelled was pending, Senate Question Period rolled around, with special guest star Citizenship and Immigration minister Ahmed Hussen in the hot seat. Senator Smith led off on the issue of Bill C-6, which seeks to repeal the provisions that would strip citizenship from those dual-nationals convicted of terrorism. Hussen starting off by remarking that this was an election promise, that they didn’t believe that the same crimes should have different outcomes based largely on where one’s parents came from, and additionally, revoking that citizenship would be tantamount to exporting terrorism, where they can return to hurt Canada abroad. He added that citizenship should not be used as a tool for punishment, which should be role of the justice system. On his supplemental, Smith mentioned two Canadians added to the US terror watch list, and Hussen reiterated that criminals should be dealt with using the justice system, and that it creates unequal treatment which devalues Canadian citizenship.

Continue reading →

Roundup: Leaking cabinet confidences is a Big Deal

Posted on by

I will readily admit that I haven’t been keeping as close of an eye on the whole drama surrounding the suspension of Vice-Admiral Mark Norman from the post of vice-chief of defence staff, and the alleged leaks surrounding the contract to refit a supply ship for our navy (which currently has none, thanks to consistently bungled procurement processes). It wasn’t until this particular walkthrough from Murray Brewster that the elements of the story all started to crystalize, in part because we finally got some more details about just what was being alleged thanks to a judge ordering the release of information. Over the past couple of days, the extent of those backchannel conversations with certain shipyards and their aim – to use media leaks to publicly pressure the government to go a certain route when they were resistant – may seem like pretty insider stuff, but it actually has some pretty broad implications for our entire Westminster-system of government.

While you may have certain pundits who bemoan the case against Norman is thin gruel, especially in light of the whole lack of convictions in the ClusterDuff affair, I have to say that leaking cabinet confidences is probably a little more significant. As noted parliamentary scholar Donald Savoie notes in this piece, Cabinet secrecy underpins our entire system of government because it relies on government to act with one voice, and to stand and fall in unison rather than with ministers as individuals. Cabinet solidarity is a Thing, and it’s an important Thing. Cabinet secrecy ensures that there can be a full airing of views and that it’s not just a focus group for the prime minister, and this extends to the advice that the civil service is able to provide. There needs to be a certain amount of secrecy to that advice so that there can be a meaningful back-and-forth of ideas and discussion before a political decision can be taken, and then held to account.

What Norman allegedly did was to use his position as a servant of the Crown, who swore an oath to the Queen and not the government of the day, to further his own interests. He was taking the political decision, and allegedly leaking those cabinet confidences in order to force the situation toward his desired outcome. That not only violates the roles of the civil service (and military by extension), but it undermines cabinet government. We The Media may grouse about the extent to which things are declared cabinet confidence, but it is important – particularly because this government is practicing cabinet government more than its predecessors have been, or even many of the provinces. I’ve had conversations with current ministerial staff here who used to work at Queen’s Park who have attested that cabinet government is real here, unlike Ontario, where it was all controlled from the centre. Leaking confidences undermines this, and it is a serious matter – not just the thin gruel that some would have us believe.

Continue reading →

Roundup: Copping to privilege is not excusing it

Posted on by

Earlier in the week, Justin Trudeau was asked by VICE about the problem of people getting criminal records for pot possession when decriminalization is around the corner, and he related a story about how his late brother was once charged with possession and their father, with his influence and connections, was able to make those charges go away. And then the opposition went crazy with it.

Of course, Raitt is missing the point in that it wasn’t that Trudeau is endorsing one set of rules for the elites and one for everyone else. (Raitt, of course, is trying to use the “Trudeau is an elite and I’m just a Regular Girl™” line as her campaign platform, which is getting pretty tired). He’s acknowledging that the current system ensures that kind of outcome, which is why he’s looking to change it.

https://twitter.com/emmmacfarlane/status/856989464832376832

Thomas Mulcair, of course, couldn’t wait to rail about the “abject hypocrisy” of it all, and to repeat his demands that the government immediately put through decriminalization until legalization is sorted, as though this was something that the PM could just snap his fingers and do.

But no, that’s not how this works. Mulcair has been in politics to know this, which makes his concern trolling all the more disingenuous.

If you wanted a measure that could be implemented right away, then the provinces could opt not to pursue charges for simple possession (which I think is pretty much what is going on in most cases), because they’re the ones who have jurisdiction for the administration of justice and who can set their own prosecutorial guidelines. They could instruct their Crown prosecutors not to pursue simple possession charges – but that’s the provinces’ call, not the PM’s – again, making Mulcair’s calls disingenuous. Decriminalization also doesn’t serve the stated purpose of legalization, which is to regulate sale to keep it out of the hands of children and to combat the black market. But I’m sure we’ll be hearing about this for the next few days, unless the Trumpocalypse and the brewing trade war consumes the news cycle today.

Update: I am informed by lawyers that I’m on the wrong track, that the federal prosecution service deals with drug offences and that simple possession charges are still common among minorities and marginalized groups. So mea culpa on that one.

Continue reading →

Roundup: Harder seeks sympathy

Posted on by

I have to wonder if Government Leader in the Senate – err, “Government Representative” – Senator Peter Harder is starting to get a bit nervous about the viability of his proposal to reform the Senate rules, as he has started reaching out to sympathetic voices in order to give him some attention on the pages of the newspaper. We’ve seen two such examples in recent days, with a wholly problematic column from John Ibbitson over the weekend in the Globe and Mail, and now some unwarranted praise from Harder’s old friend from their mutual days in the Mulroney government, retired senator Hugh Segal. While Ibbitson’s column was a complete head-scratcher if you know the first thing about the Senate – they don’t need to “prove their value” because they do so constantly (hell, the very first bill of this parliament they needed to send back because the Commons didn’t do their jobs properly and sent over a bill missing a crucial financial schedule, but hey, they passed it in 20 minutes with zero scrutiny). And it was full of praise for the process of Bill C-14 (assisted dying), which is Harder’s go-to example of how things “should” work, which is a problem. And Segal’s offering was pretty much a wholesale endorsement of Harder’s pleading for a “business committee” to do the job he’s apparently unable to do through simple negotiation, so that’s not a real surprise either. But as I’ve written before, the Senate has managed to get bills passed in a relatively timely manner for 150 years without a “Business committee” because its leadership knew how to negotiate with one another, and just because Harder is apparently not up to that task, doesn’t mean we should change the rules to accommodate him.

Meanwhile, there is some definite shenanigans being played by the Conservatives in the Senate in their quest to have an inquiry into the Bombardier loan, and their crying foul when it wasn’t immediately adopted, and wouldn’t you know it, they had a press release ready to go. Conservative Senator Leo Housakos was called out about this over the weekend by Independent Senator Francis Lankin, and while Housakos continues on his quest to try and “prove” that the new appointees are all just Trudeau lackeys in all-but-name, Housakos’ motion may find its match in Senator André Pratte, who wants to expand it to examine other loans so as not to play politics over Bombardier. No doubt we’ll see some added fireworks on this as over the week as the Senate continues its debate.

Continue reading →

Roundup: It’s not really a $300/tonne price

Posted on by

A “secret memo” has been floating around from a couple of different news organizations, which purports to claim that a $300/tonne carbon price would be required to reach our emissions reduction targets, and of course, opponents of carbon pricing are lighting their hair on fire and saying “See! The Liberals are trying to destroy the energy industry!” And so on. Except that’s not what it says. It says that if no other measures were taken, that’s what the carbon price would be, but those are the only measures we’re taking. We’re doing a bunch of things with regulations and other programmes, not to mention that carbon prices can be the incentive by which industries will innovate and look for ways to reduce their emissions as it becomes a price incentive. You know, a free market mechanism instead of the heavy hand of government regulation. Regardless, the National Post version of the story has a bunch of perspective sauce, much of it courtesy of Andrew Leach, and I’ll leave you with some of his added Twitter commentary on the matter, much of it directed to Jason Kenney and Brian Jean in Alberta who are using this as “proof” that carbon pricing is ineffective and/or some nefarious scheme.

Continue reading →

Roundup: Dealing with problematic senators

Posted on by

While the focus one on one senator’s words regarding residential schools yesterday, a bombshell dropped late in the day with the Senate Ethics Officer’s report into allegations that Senator Don Meredith had an inappropriate sexual relationship with a 16-year-old girl, and that will no doubt fill the airwaves tomorrow. But while everyone is baying for blood, let me offer a few bits of context.

First, with Senator Beyak and her remarkably clueless statements about residential schools, no, the government cannot ask for her resignation as the NDP are demanding they do. The Senate has institutional independence in order to act as a check on government, so they are powerless. As for the demands that the Conservatives kick her out of caucus, that might do more harm than good because at least within a caucus, she can be managed and hopefully do less harm, and perhaps guided into some education on the subject rather than simply cutting her loose and empowering her to keep making this an issue. And while I think her statement is odious, I also don’t think she meant malice by it, but rather that she is utterly clueless by virtue of framing the issue entirely through her Christianity, and that’s a world view that she’s entitled to hold, no matter what we may think of it. (And seriously, don’t make her a martyr for her religious beliefs). So while I get that there are a lot of people who want to perform outrage and demand her head, I think everyone needs to calm down a little and think through what they’re demanding.

As for Meredith, the report now goes to the Senate ethics committee, but given that the Senate isn’t sitting for the next two weeks, we’ll have to be patient. There are already demands that he be removed, but without a criminal conviction, that’s very difficult to do, and the police opted not to charge him for this (possibly because the complainant stopped cooperating with the police, but I’m not 100 percent sure on that fact, so take it with a grain of salt). With the Ethics Officer’s report, however, one could hope that the police could reopen their investigation. That said, removing a sitting senator without a criminal conviction is almost impossible. There is the possibility that the Senate could vote unanimously to declare his seat vacant, but it’ll be a high bar for other senators to reach that point, because they’re going to want to ensure that he gets due process (which Senators Duffy, Wallin and Brazeau were not necessarily given at the time of their expulsion). But one can be sure that the Senate will want to take their time and deliberate on this one, so while it’s possible that we’ll see a suspension motion when they return, it could be a while before they decide on how to deal with him on a longer-term or permanent basis.

And barring that, maybe the Senate needs to consider a policy of phasing out certain senators…

Continue reading →