Roundup: The vacuous pleas to change the Standing Orders

As the procedural warfare over the government’s proposed changes to the Standing Orders drags on, my patience for the government’s digging in their heels and insisting on “modernizing” things are increasingly absurd. To wit, Liberal MP Scott Simms – who is behind the motion to fast track this study, which touched off this warfare in the first place – tried to defend his positon last night, and I just want to bang my head into a wall for a while over the vacuousness of his justifications.

You say that now, but Trudeau has long promised that he wants to be out glad-handing among Canadians instead of being in the Ottawa bubble, so you’ll excuse me if I treat this with suspicion. Meanwhile, there’s nothing stopping him from answering all of the questions one day a week if he wants without needing to change the Standing Orders to do it.

If there is one bit of discourse that I would ban from Canadian politics, it’s the insistence that we can always come up with some new Made in Canada Solution™ to any problem that vexes us. It’s a bullshit sentiment, especially because in this case, the system is already made in Canada and fits the unique circumstances of our parliament as it differs from Westminster. Trying to import other Westminster-isms and mapping them onto our parliament and calling it “Made in Canada” is a fool’s game at best, because our political cultures are quite different. Sure, PMQs sounds like a good idea, but they don’t have desks, don’t use scripts, have a more generous timer, and they have a debating culture that can use wit and self-deprecating humour rather than constant unctuous sanctimony and robotic reliance on scripted talking points like we get here. You can’t just map PMQs here without recognizing the cultural changes. That likely applies to their scheduling motions, while the problem in Canada is more that we have House Leaders of dubious competence as opposed to unworkable rules.

This is specious. If government wants to get their bills passed, they need to convince the Commons. That’s how it works. Meanwhile, the fact that they didn’t get much passed without time allocation (which is not closure, and I want to smack people who confuse the two) is again due to inept House Leadership, not the rules.

Meanwhile, as the Conservatives froth at the mouth at the idea of a once-a-week PMQs, they not only forget that it was all Harper could bother to show up for toward the end of his mandate, and the fact that they voted for Michael Chong’s proposals around exploring this very idea. Oops.

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But you know, they have some more outrage to perform.

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QP: Happy clappy budget points

With most of the benches filled, MPs were settling in after a constituency week, but Rona Ambrose was absent for some unknown reason. Denis Lebel led off, immediately railing about deficit and family tax credits being imperilled in the budget. Justin Trudeau responded with his well-worn talking points about lowering taxes for the middle class while raising them on the one percent. Lebel switched to English, noted the American promises to lower smaller business taxes, and demanded that Trudeau follow suit. Trudeau noted that they were working to grow the middle class, and gave the same points about tax cuts. Lebel worried about airports being privatized, for which Trudeau told him to wait for Wednesday’s budget. Candice Bergen was up next, worried that the government was ramming bills through and worried that they wanted to bully through changes to QP so that he only has to show up one day per week. Trudeau avoided answering, and praised their programme to date. Bergen moved onto plans to change the Commons calendar to four days per week, but Trudeau noted that they were happy to open a discussion on making Fridays a full day instead of half days “like the Conservatives seem to want,” which was a clever bit of evasion. Thomas Mulcair was up next, railing that the government didn’t have a mandate to privatize airports. Trudeau explained that the Infrastructure Bank was a way of leveraging global investment, but more details would have to wait for Wednesday’s budget. Mulcair asked again in French, and Trudeau retreated to talking points about growing the middle class. Mulcair moved onto funding First Nations child welfare funding, and Trudeau gave his usual lines about the historic investments to start the long work of reconciliation. Mulcair then demanded that stock options tax loopholes be closed, but Trudeau again returned to his middle class talking points.

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QP: The perpetual call for lower taxes

While the PM off in Houston, the benches were a little emptier today. Rona Ambrose led off, worrying that the government wasn’t doing enough to cut taxes in the face of the Trumpocalypse — assuming that anyone can actually decipher what signals are actually being given there. Scott Brison responded, citing the tax cuts and Canadian Child Benefit that have lifted children out of poverty. Ambrose demanded lower taxes and less red tape, to which Navdeep Bains listed the stats on job creation and the number of companies expanding investing or expanding in Canada. Ambrose asked for the same as it comes to small business, and Bardish Chagger relayed her government’s concern for those small businesses are looking to help them succeed. Alain Rayes worried about tax burden being passed onto his daughter with higher deficits, to which Scott Brison reiterated his previous comments in French. Rayes asked again about small businesses in French, and Chagger gave a more truncated version of her previous response in French. Matthew Dubé led off for the NDP, worrying about Quebeckers being turned away from the US border, to which Ahmed Hussen said that he couldn’t speak to individual cases, but they need to raise concerns with American authorities. Dubé changed to English to demand an end to the safe third country agreement, but Hussen reminded him that the UNHCR still considers the States a safe country. Tracey Ramsey worried about auto parts rules under NAFTA, which Chrystia Freeland assured her that it was her priority to fight those American rules. Ramsey demanded to know what the government planned to bring up in trade negotiations, but Freeland chastised Ramsey for trying to get her to negotiate in the media.

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QP: Women ask the questions

It being International Women’s Day, one expected that all questions posed would be by women MPs. Rona Ambrose led off, trolling for support for her bill on training judges in sexual assault law (which, incidentally, I wrote about for this week’s Law Times, and the legal community was pretty clear that they felt this wasn’t the right way to go and this bill could impact on judicial independence). Justin Trudeau spoke about the importance of supporting survivors of sexual assault, but would not commit to supporting it. After another round of the same, Ambrose wanted support for Wynn’s Law on bail applications, to which Trudeau said that the justice minister spoke to Constable Wynn’s window but would not commit to supporting it. Ambrose asked about a bill on human trafficking and why it eliminated back-to-back sentencing provisions, but Trudeau responded in his condemnation of those crimes but not in backing down on the provisions in the bill given their commitment to the Charter. Ambrose asked about helping women come forward to report sexual assault, and Trudeau noted that this was a concern and they have a ways to go. Shiela Malcolmson led off, heralding Iceland’s work on pay equity legislation, to which Trudeau said they were working on legislation. Brigitte Sansoucy asked another pay equity question in French, and got much the same answer. Sansoucy moved onto tax evasion and demands to end amnesty deals, and Trudeau noted that they were working on ending tax evasion by investing in the CRA’s capacity to do so. Tracey Ramsey asked the same again in English, and got the same answer.

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QP: KPMG and conspiracy theories

With the benches mostly full, the Chamber was ready to begin the grand inquest of the nation. After a moment of silence for an RCMP officer who lost his life in a car accident in Quebec, Rona Ambrose led off, asking whether the PM had answered questions from the Ethics Commissioner on his Christmas holiday. Trudeau simply stated that he was happy to answer the Commissioner’s questions. Ambrose pressed on the accountability angle, and Trudeau expounded upon the responsibility to Canadians and openness and transparency, but that was all. Ambrose pivoted to the lack of judicial appointments affecting the criminal justice system, for which Trudeau noted the appointments have been made, and noted the new process that was ensuring that more women, visible minorities and Indigenous get appointed. Ed Fast was up next, back from recovering from a stroke, and he demanded the government’s figures on the costs of carbon pricing. Trudeau welcomed him back but chided him for not understanding the new economy. Fast brought up hydro rates in Ontario, but Trudeau was unmoved, taking shots at the previous government’s record. Thomas Mulcair was up next, demanding action on tax havens, and wondered when the budget was. Trudeau noted the commitment to tax fairness, by didn’t give the date. Mulcair railed about KPMG and different rules for the rich, and Trudeau reminded him that they were engaged on the file. Mulcair demanded criminal charges, and Trudeau again reminded him that the file was still being investigated. Mulcair worried about CRA-funded advertorials, for which Trudeau reminded him that they employ a broad range of ways to communicate to Canadians.

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QP: Take it up with UNHCR

It being Monday with many desks across the Chamber vacant, Rona Ambrose was absent, despite the Prime Minister being in attendance. Denis Lebel led off, worrying about pension income splitting in the budget, and Justin Trudeau accused him of trying to sow fear, before listing off the many measures they put into place to help vulnerable seniors. Lebel worried about the fates of other tax credits, and Trudeau listed other investments the government has made to lead to good jobs and economic growth. Lebel then asked if small business taxes would be cut to create jobs, and Trudeau countered with the broad-based tax cuts and Canada Child Benefit cheques that put more money in people’s pockets. Candice Bergen was up next, and dredged up the helicopter ride to the Aga Khan’s island, and Trudeau succinctly told her that it was a personal family vacation and he was answering the Ethics Commissioner’s question. Bergen asked again, and got the very same answer. Thomas Mulcair was up next, worrying about the new executive order signed by Donald Trump regarding Muslim immigrants and refugees, and demanded to know if the government still considered the United Stated was a safe country for refugees. Trudeau deflected by talking about what Canadians expect of the government’s relations with the States. Mulcair raised the case of a Canadian woman turned back at the border, but Trudeau insisted that they were working with Americans to ensure that the border remained open for Canadians. Mulcair moved onto the issue of tax havens and the recent journalism investigations into KPMG, and Trudeau said that they expected people to pay their taxes and they invested money in the CRA to investigate. Mulcair pressed in English, and got much the same reply from Trudeau.

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Roundup: Nomination shenanigans?

It looks like there are some shenanigans in Liberal nomination races for a couple of those upcoming by-elections, and as many a pundit has been saying today, Liberals gonna Liberal. And you can pretty much chalk this up to one more great big disappointment between the lofty Liberal rhetoric about valuing open nominations and then doing shady things like they have with the nominations in both Saint-Laurent and with Markham-Thornhill.

Part of what doesn’t make sense from an optics perspective is the sudden rush to call the last two by-elections for the two most recently vacated seats. In both Ottawa-Vanier and the two Calgary seats, there has been plenty of lead-time and nominations happened with nary a peep, but in the last two, the sudden rush has meant problems. With Markham-Thornhill, they retroactively cut off membership sales, which is presumed to help the “chosen” candidate, former PMO staffer Mary Ng. Ng’s campaign says they lost hundreds of registered members too, but again, this is about optics. Meanwhile in Saint-Laurent, a current Montreal borough mayor was declared not to have passed the green-light committee but they refuse to say why, which is seen as clearing the path for “star candidate” Yolande James (though there is still one other candidate, so it’s not an acclamation). But while they may have reasons for not greenlighting said borough mayor, the fact that they refuse to say why is again a nightmare for optics when this is supposed to be the party of openness, transparency and open and fair nominations.

Part of why this is such a disappointment is because we really need to push back from party leaders’ interference in nomination races if we want to restore the balance in our politics. That’s not to say that there shouldn’t be safety mechanisms in the event of hijacked nominations (because there absolutely should be), but those mechanisms shouldn’t be the leader’s office. A strong grassroots is essential in our system, and with every time that the leaders and their offices interfere (because they feel emboldened to thanks to the bastardized system of leadership selection that we’ve come to adopt and go full-bore on at every single opportunity), we choke off the most fecund part of our democracy. Shenanigans and the apparently hypocrisy of proclaiming open nominations while appearing to play favourites undermines the bottom-up practice of politics, and it’s something we as Canadians need to push back against in every party.

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QP: Vote for my bill

Despite being in town (and just having a completed a call with the White House), Justin Trudeau was absent for QP today, for which I will scowl. Thomas Mulcair was still away as well, part of the GG’s state visit to Sweden, leaving only Rona Ambrose the only major leader present. She led off, trolling for support for her private member’s bill on mandatory sexual assault training for judges — something that is not asking about the administrative responsibilities of the government. Jody Wilson-Raybould said that it was an important topic and that she would review the bill as it came to the Commons. After another round of asking in French and repeating the answer in English, Ambrose raised the case of Justin Bourque to demand that consecutive sentencing laws remain in place. Wilson-Raybould reminded her that they are conducting a broad-based review, and that there are already the highest mandatory penalties on the books for murder. Ambrose asked about that Chinese company that bought that nursing home chain and wondered if they figured out the ownership yet, but Navdeep Bains repeated this assurances from yesterday about the review of the sale. Ambrose finished off her round asking about the government refusing to release information on their carbon price cost projections, and Catherine McKenna reminded her that there are also costs for not tackling climate change. Nathan Cullen led off for the NDP, spinning a small conspiracy theory about fundraising by the chairman of Apotex, for which Bardish Chagger reminded her that the Lobbying Commissioner found nothing amiss. Karine Trudel asked the same in French, got the same answer, and then spun another question about the government’s ethics, and Chagger reiterated her same points. Nathan Cullen then railed about the government caring only about billionaires and not average Canadians, and Chagger chastised him for ignoring the ways in which the government has been listening to Canadians.

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QP: Pink shirts against Trump

With it being caucus day, most of the desks were filled in the Commons, and MPs were ready to go. Rona Ambrose led off, asking about the sale of some BC retirement homes to a Chinese firm with murky ownership. Justin Trudeau reminded her that we are a trading nation, and that means allowing foreign investment in our interests. Ambrose pressed about the Chinese’s firm’s murky ownership, and Trudeau took the rare move of pulling out a note to read off some of the provisions of the deal including provincial oversight and job guarantees. Ambrose turned to the issue of consecutive sentences and demanded that they remain in place. Trudeau reiterated his previous day’s response about supporting judges while doing the broad-based Criminal Code review. Ambrose asked again, and got the same answer, before she turned again to the lack of full-time job growth, and Trudeau retreated to his well-worn talking points about tax cuts and the Canada Child Benefits. Jenny Kwan led off for the NDP, railing about a massive immigration crackdown in the United States and and asked if the PM still thought the US was a safe country for refugees. Trudeau noted that the expectation of this government is to work well with the Americans. Matthew Dubé pressed about refugees heading for our border, and Trudeau noted that he was surprised that the NDP, who are concerned about the rights of workers, would look to jeopardize our economic relationship with the States. Dubé then asked about Canadians turned back from the US border and worried that the pre-clearance bill would make it worse. Trudeau reminded him that pre-clearance means that they still get Charter protections that they wouldn’t have on US soil. Jenny Kwan demanded that Trudeau stand up to the bully Trump on Pink Shirt Day, but Trudeau repeated his answer.

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Roundup: A hopeless court case

It’s one of the most predictable performative dances in Canadian politics, which is that when you lose at politics, you try to drag it to the courts to fight your battles for you. In this, case, a UBC professor (and local Fair Vote Canada) president wants to launch a Charter challenge around electoral reform. And in order to do that, he’s talking about getting pledges of around $360,000 in order to get through the legal process.

The problem? This is an issue that has already been litigated and lost. The Supreme Court of Canada refused to hear the appeal of the case that arose out of Quebec, which means it’s considered settled. The current electoral system is legal, it is constitutional, and while you get the odd prof here and there who tries to make an argument to the contrary, it’s settled law. And unlike some of the reversals we’ve seen the courts make over prostitution or assisted dying, there has been no great groundswell change in society that would justify the court in re-litigating the matter. In other words, he’s trying to raise money from people who are desperate to find a lifeline now that their political solution is gone that this is basically a scheme for lawyers to take their money.

This tendency to try and use the courts to overturn political decisions is a growing one, but it’s the same mentality as people who write to the Queen when they lose at politics. Have we had cases where governments have passed bad legislation and the courts have overturned it? Certainly. But political decisions are not bad legislation, and it’s not up to the courts to force governments to adopt what some people consider to be more favourable outcomes. It’s called democracy, and we have elections to hold governments to account for their political decisions. It’s also why I’m extremely leery of people calling for a cabinet manual, because it means that more groups will start trying to litigate prerogative decisions, and that’s not a good thing. It’s time these PR proponents let it go and try to fight it again at the next election. Oh, but then it might become clear that this really isn’t an issue that people care all that much about. Shame, that.

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