Tag Archives: Maxime Bernier

Roundup: Nine new senators

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Nine new senators were appointed yesterday, with another 12 appointments to come in the next few days. By the time that happens, the non-aligned senators will have the plurality in the chamber, but that is causing a bit of consternation among some of the existing independent senators. Senator André Pratte sent out a missive decrying that committee seats are not proportional yet, while Senator Claude Caignan groused about the appointment process as being neither open, transparent, nor non-partisan, and insinuated that they were all Liberals in all-but-name and intimated that they would all be “steadfastly loyal” to the Prime Minister for appointing them – you know, just like he was unthinkingly partisan and loyal to Harper since his own appointment.

As for some of the new senators, PowerPlay interviewed incoming senator Patricia Bovey and the chair of the appointments committee, Hughette Labelle, while Power & Politics interviewed Diane Griffin. The Canadian Press profiled Daniel Christmas, who will be the first Mi’kmaq senator.

P&P went hard on the fact that some of these new senators had previously donated to parties – and not all of them to the Liberals – which is irksome because it’s giving this message of a rather unfair level of non-partisanship being expected when donations are part of political engagement in our system, and we should want senators who have at least had some level of engagement and were not completely disinterested in politics. As for the pace at which the modernization to the Senate rules are happening, I would caution against moving too quickly – as Pratte is demanding, Senator Peter Harder is glowering darkly about, and Terry Milewski was being ridiculous in his characterisation of on P&P. If we want an upper chamber that is functional but not dominated by parties, we want to make sure that rule changes are done right and not in haste, and we especially don’t want them to be turning over any swaths of power to Harder as the “government representative,” as he is already empire-building and starting to try and co-opt the non-aligned senators as they organise themselves. If they’re not getting on committees fast enough, that’s in part because the rules are such that committees can’t be reconstituted until a prorogation, but we also want to give these new senators time to get adjusted and settled. Throwing them onto committees too soon will be overwhelming, and if they’re interested, they can still sit in on the committee meetings and contribute – they just can’t vote. The proportions of seats will adjust before too long. A little patience is not a bad thing.

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Roundup: Questions about ordered repayments

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Conservative-turned-independent Senator John Wallace is asking questions around the decision to withhold Senator Mike Duffy’s salary to repay inappropriate expenses that were uncovered as part of his court case, and in particular, whether the Internal Economy Committee’s three-member steering committee has been exceeding its authority in making decisions without the full committee signing off. The steering committee after all is supposed to be limited to some administrative matters, but in cases of “emergency,” they can do more. So was this an emergency? There is the argument that the decision was made over the summer when the full committee could not meet, and it was in accordance with rules laid out as part of the broader expenses issue and dispute resolution process, which Duffy did not avail himself of, his lawyer insisting that he was “fully exonerated” by the judge in his court case (which is not what the judge said, but rather that what he did simply didn’t meet the threshold of being criminal, and yes, there is a vast difference). With a case as high-profile as Duffy’s, the fact that inappropriate expenses have been flagged meant that the appearance of doing something about recovering those expenses was a very real consideration for the continued public legitimacy of the institution whose reputation has taken a beating, and letting Duffy get away with those inappropriate expenses would continue to damage the institution in the eyes of the public. But, that having been said, was this a decision that could or should have waited for the full committee to decide up on in the fall, and is this a case of procedural unfairness or worse, of a lack of any kind of due process, as has happened on more than one occasion as this whole expenses issue has reared its head? I’m not sure, but it does bear asking. I do think that something needed to be done to address the issue in a timely manner because the Senate has to rebuild its public image after senators like Duffy have done so much to muddy it, but whether what happened was right, well, that’s not a question I can answer.

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Roundup: Lamenting the regional ministries

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Agriculture minister Lawrence MacAulay told his local paper that he’s not too concerned that the minister in charge of the Atlantic Canada Opportunities Agency isn’t from the region, but that he’s a Central Canadian, but hey, he’s gotten results so it’s all good. And then people went insane because how dare the government not have a regional development minister from the region, ignoring that the policy of this government has been to eschew the tradition of regional ministers writ large, and that all regional development agencies all report to the same minister – the industry minister – rather than spreading it around to a number of ministers of state (and bloating the size of cabinet while you’re at it). And then from there comes the perennial outrage that we have regional representation at the cabinet level, which ignores that cabinet positions are not actually something that requires subject matter expertise, but that it’s a political position that is largely based on managerial competence, which is fine, particularly under a system of Responsible Government that the legislature can hold them to account for the performance of their duties. After all, they have the civil service to do the subject-matter expertise part for them, and it’s the job of ministers to make decisions that they can then be held to account for. But a few of the exchanges were at least worth noting.

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Most of those were all well and good, but this one from Candice Bergen caught my eye, because it actually highlights something that has largely been ignored.

While it may be a little overwrought, the point about centralizing power in the PMO is actually quite astute, and fits the pattern of centralization that Trudeau has been entirely underreported. Within the Liberal Party itself, Trudeau has convinced the party to abolish its regional powerbases and centralize it all within his own office under the guise of “modernization” and “being more responsive.” Once could very well argue that eliminating regional minister has a similar effect. That said, one could also argue that the purpose of regional minister was about pork-barrelling and doing the partisan work of securing votes from those very same regions for the government’s benefit, so their loss wouldn’t be too deeply felt in a move to make a system built to be more responsive to evidence than political consideration. Regardless, the propensity of this prime minister to consolidate power should not be underestimated, and this is something we should absolutely be keeping an eye on.

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Roundup: A new Supreme Court appointment

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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).

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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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Roundup: Debating useless rule changes

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Yesterday was “debate the House rules” day in the Commons, and lo, there was some talk about eliminating Friday sittings again, which the opposition parties tend to be against, but fear the government will try to ram through anyway. And yes, we all know that Fridays are not like any other day, particularly because MPs need to get back to their ridings, but there are still debate hours that happen, and eliminating them means either making up for them elsewhere, or losing them altogether, after we’ve lost plenty of debate hours in the past number of years, all to be more “family friendly” with spring breaks and so on. Kady O’Malley followed the debate (I would have more if I didn’t have other deadlines to file), and some of the best and worst are below.

Eliminating whip/House leader-provided speaking lists absolutely needs to happen. It removes agency from MPs and is part of what has debased QP into this scripted farce and turned debate on legislation into nothing of the sort. If you take away the lists – and then ban the scripts – it will help to make the debate free-flowing once again rather than just exercises in reading speeches into the void.

Oh, the irony. The bitter, bitter irony.

I am dubious, as we would have people tabling all manner of nonsense to “prove” whatever they were saying in QP, almost all of it irrelevant. (Also, look up the story about the tabled hamburger from the Alberta legislature that they ended up preserving).

No. We do not need to privilege private members’ business any more than we already do. Most of it is out of hand, with useless and costly Criminal Code piecemeal amendments, more national strategies than you can shake a proverbial stick at, and even more bills to declare national days for every issue under the sun. The proliferation of PMBs is already out of hand, we don’t need to make it that much worse.

So…turning the summer break from three months to four? No. But do feel free to sit more days in January regardless.

Not unless we start insisting that supply days start being about actually debating supply once again.

Because Parliament is just a debating chamber for hobbyhorses? Because there isn’t actual work that needs to get done?

Not unless parties start agreeing that second reading debates be severely curtailed, and that debate on government bills can collapse relatively quickly. But seriously, committee work already happens while debates are going on in the Chamber so I don’t see the point of this. At all.

Amen.

Seriously. I can’t believe that this actually needs to be pointed out.

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Roundup: Modernization beyond cameras

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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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Roundup: Trudeau plays hardball

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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.

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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.

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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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Roundup: Bernier’s Bay Street catnip

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Maxime Bernier gave a speech at the Economic Club of Toronto yesterday that was largely catnip for the audience there, saying that he wants to eliminate the capital gains tax, reducing corporate income taxes to 10 percent, making the accelerated capital cost allowance (ACCA) permanent, and eliminating corporate subsidies. While economics can point to the thinking behind some of Bernier’s plans (like below), others will point to the flaws in it, such as the ability to disguise salary as stock options that would no longer be taxed as capital gains, or the longer-term problems with the ACCA (like a new building being worthless for tax reasons in two years). It shouldn’t be too much of a surprise that Bernier’s ideas are largely slogans without a deep analysis of the real-world implications of them – kind of like how his plan to eliminate interprovincial trade barriers is just a gift to litigators rather than doing the hard political lifting necessary on such a file. Bernier has this kind of libertarian fanboy sense about him, that all of the problems can be solved by brandishing a copy of the constitution and shouting “freedom” will be all that’s necessary to kick-start a sluggish global economy, and that this will all be politically saleable to large swaths of the economy that have come to depend on government support in one way or another. And while yes, Bernier is indeed trying to bring some ideas to the table in this leadership contest while some of his competitors are trying to force the debate onto grounds of “values” and stoking national security fears, but it does remain true that it’s not really the point of leadership hopefuls to try and bring policy to the table that will change the direction of the party – that should be coming from the grassroots membership in a bottom-up and not a top-down process. But just remember – freedom! It’ll solve everything!

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Roundup: Fear change of government!

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Another day, another round of completely objectionable things heard regarding electoral reform that need to be countered. Most egregious of all today was Elizabeth May’s musing about the nature of government under current and PR systems.

And then my head exploded.

It sounded for a moment there like May was advocating for a system of basically permanent governments that don’t change, and that basic accountability – i.e. “throwing the bums out” – was a bad thing. It boggles the mind that this would be considered a good thing. Is it a good thing that countries like Germany, Austria and Sweden have basically had one-party rule for decades, where coalition partners get shuffled and that’s that? That hardly sounds like a healthy democracy because longevity can certainly breed complacency and to a certain degree corruption. May also assumes that the “consensus building” of coalitions would somehow produce superior governance without looking at the effect it has on accountability (when everyone’s responsible, then no one’s responsible), or that the watered-down outcomes and lack of ability to govern effectively in many cases is really better than a system that allows for decisive action but also the ability to hold those who take action to account for those decisions. Seriously, though, this dislike of accountability mechanisms is very concerning. Also, this notion that the “right parties” will always be in power to get these mythical better outcomes.

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And then there’s Andrew Coyne, who again cherry-picks his railing against the arguments to keep the status quo with regards to the arguments about stable governments (as though other PR countries operate on a system of responsible government), or that our current system has been riddled with regional parties that we warn about in PR countries (ignoring that regional parties don’t last long in our system precisely because they can’t get power), and buying into Ed Broadbent’s ridiculous revisionist mythologizing about the NEP.

I’ll end on one good note, which was Samara’s call for better civic education. That should be what the government spends its time, energy and resources on rather than this ridiculous quest for a new electoral system, but it’s a start that people are calling out for it.

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Roundup: The price of everything and the value of nothing

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We’re into that part of summer where the news is so thin that we’ve turned to cheap outrage to get to some headlines. Combing through expense reports, many a reporter is simply putting a big number up on a headline and clutching their pearls about it, never mind that there’s no context around those figures, and that in most cases they’re actually reasonable. And lo, we look small town cheap, like backwater rubes as we continue to insist that our politicians subsist on stale bread and shaving water lest they look like they’re too good for the rest of us.

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What is possibly worse is the fact that there is constant apology rather than defending any of the spending. Was the cost of Jane Philpott’s car service unreasonable? That’s debatable, and I’m dubious that the fact that the owner of the service was a campaign volunteer will gain much traction with the Ethics Commissioner. Catherine McKenna at least defended the use of a photographer at COP21 (and no, it’s not the media’s job to take photos that the government can later use for their own promotional need), but instead of media questioning the return that they got for them (Jen Gerson noted on Power & Politics that the quality of the photos she’d seen were questionable and the photographer hired had credentials that may not have been suitable for the task), we just get performed outrage at the dollar value.

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In this he’s exactly right – this is made worse by politicians essentially cannibalizing one another to score points rather than saying “Whoa there, let’s stop and think about this for a minute. Maybe these are reasonable expenses.” No. Instead it’s this game of tit-for-tat, Conservatives getting back at the Liberals for pointing out their own spending excesses when they were in government, and the NDP simply being sanctimonious and smug. The Globe and Mail’s editorial on the subject is right – we are spending too much time on the nickel-and-diming and the cheap theatre of performed outrage rather than on the actual scrutiny of government spending, and this may be related to the absolute dysfunction of the Estimates process in parliament (noting that parliamentarians themselves let it get this bad rather than push back on successive governments that caused this problem, and performing cheap outrage is easier). On the other hand, we’ve reached the point where we are living out that Oscar Wilde quote about a cynic being “A man who knows the price of everything and the value of nothing.” Reporters rushing to put up that headline number with no context attached have done the system a disservice. Insisting that everyone post receipts will only make things worse, and will only hasten the race to the bottom where MPs will be fighting for re-election on the backs of what brand of toilet paper they bought for the constituency office and whether it was on sale that week or not. We need to draw a line somewhere, before we both paralyze the discourse and make politics so unattractive to anyone who wants to serve the public that they won’t bother. We’re our own worst enemies, and we help nobody in feeding this populist noise.

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