Roundup: Expulsion isn’t rocket science

All day, we’ve been told that Senate clerks are “scouring the constitution” to find a “loophole” that will allow them to expel Senator Don Meredith, and even when they get former law clerks on television who’ve said clearly that yes, the Senate can do this, they still try to go “a ha, but they never did with…” name a scandalous former Senator, and in those cases, they resigned before the Senate had a chance to expel them. Suffice to say, a whole lot of reporters are being deliberately obtuse in order to create a false sense of drama around this.

The simple fact of the matter is that Parliament is self-governing, and it has the powers it needs to expel members if need be. Those are parliamentary privileges, and they have been exercised in the past in the Commons, as James Bowden’s research has shown, and those privileges would indeed extend to the Senate. It’s not sexy or rocket science, but people need to calm down and let the process work itself out.

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Adam Dodek says that the Senate needs to move quickly on dealing with Meredith if they hope to regain the public trust. And that may be the case, but we also don’t want to be too hasty, given the ham-fisted and poor manner in which the suspensions of Duffy, Wallin and Brazeau were handled, and the truth of the matter is that the Senate is on March break. The ethics committee is coming back a week early to deal with the matter, so they are moving quickly but they can’t simply act rashly and in the heat of the moment, which I think will be the danger in order to keep from invoking the ire of an impatient public, egged on by a media demanding that the story move ahead quickly before people lose interest.

Meanwhile we’re also seeing a lot of second-guessing about the role that Meredith played within the Independent Senators Group, and how he was described as having a “leadership position” within it. Indeed, Meredith was elected to one of four “coordinating positions” within the nascent quasi-caucus, in its early days after the first round of independent appointments when the group was still getting on its feet and Meredith had more legislative experience than most of the members of the group. That being said, he had very little actual standing within the group and was certainly not viewed as any kind of actual leader by anyone I’ve spoken to. I have sympathy for their position that he was innocent until proven guilty and that it took the Senate Ethics Officer two years to reach her conclusions, but on the other hand, we could still see this train on the tracks. It’s too bad the ISG didn’t insulate themselves a little better from this, but in all, I don’t think the damage looks as bad from out here.

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Roundup: Recall legislation nonsense

Over at Loonie Politics, fellow columnist Jonathan Scott wonders if recall legislation might not be a good thing for ethical violations, and cites the examples of Senators Don Meredith, Lynn Beyak, and a York Region school trustee who used a racial slur against a Black parent. While I’m suspicious about recall legislation to begin with, two of the examples are completely inappropriate, while the third was an example of someone who resigned a few days later, making the need for such legislation unnecessary in the first place.

Recall legislation for senators is a bit boggling, first of all, because they weren’t elected to the position, and they have institutional independence so that they can speak truth to power and have the ability to stop a government with a majority precisely so that they can hit the brakes on runaway populism if need be. Recall legislation would be fed by that similar populist sentiment, which is a problem. I’m also baffled, frankly, how anyone could conceivably consider Meredith and Beyak in the same sentence. Meredith abused his position to sexually lure a minor, while Beyak said some stupid and odious things under the rubric of religious sentiment (i.e. at least some residential school survivors stayed Christians, so that apparently justifies everything). The two are not comparable, nor is Beyak’s example any kind of an ethical violation, nor am I convinced that it’s an offence worthy of resignation because at least there’s the possibility that she can learn more about why what she said was so wrong-headed. Sure, people are upset with it, while others are performing outrage over social media because that’s what we do these days, but trying to channel that sentiment into recall legislation raises all kinds of alarm bells because even if you had a fairly high bar or findings from an ethics officer to trigger these kinds of recall elections (and the suggested 2500 signatures of constituents is too low of an added bar), temporary performed outrage demanding action this instant would be constantly triggering these kinds of fights. If you think there are too many distractions in politics to the issues of the day, this would make it all the worse.

As for Meredith, while he is too shameless to resign of his own accord, the rest of the Senate is not likely to let this issue slide for too long. The only question is really how effectively they can implement a system of due process by which Meredith can plead his case before them and respect the rules of natural justice before they hold a vote to vacate his seat based on the findings of the Senate Ethics Officer. Demanding recall legislation after a story is only a couple of days old is the height of foolishness. The Senate doesn’t sit for another two weeks, which is time that frankly they’ll need to get their ducks in a row so that they don’t come back half-cocked and try and ham-fist the process like they did with Duffy/Wallin/Brazeau back in the day. Meredith will get his due, and we won’t need the threat of ridiculous legislation to try and keep politicians in line.

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Roundup: A different debate

This weekend we finally saw our first NDP leadership debate, which was actually more watchable than pretty much any Conservative debate we’ve had so far, so that’s something. Having only four candidates on stage instead of fourteen makes a difference, as does having everyone already in caucus rather than coming in from the outside, and no one so far seems to be running against their own caucus, so that’s also something. As with any NDP debate, however, it was less “debate” and more statements by which they could vehemently agree with and then say “I agree, and let me take that further and say…”

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The only real cleavage that there was over the course of the event was over the role of the resource economy and if there could be a case made for pipelines, and a couple of the candidates were more strident than others. Otherwise, there was a lot of the usual key words and phrases that signal their audience, like the “neoliberal agenda,” the growing one percent (err, except they’re not growing in Canada, and have in fact been shrinking), “unfair trade deals,” and renegotiating NAFTA. If one wasn’t careful, it could be mistaken for a Trump rally.

The format and fewer candidates did allow for a number of non-policy related questions, but some of them were a bit…suspicious, if I can use the word, like they were designed to ensure that they were reinforcing in-group credentials vouching. Maybe it’s just me, but it felt a bit creepy in places.

Meanwhile, I would encourage you to read the very trenchant observations from John Geddes, who nailed pretty much what each of the four candidates are running on out of the gate.

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Roundup: A reasonable plea for restitution

Retired Senator Sharon Carstairs is looking to be reimbursed for some $80,000 in legal fees after being caught up in the Auditor General’s report on expenses, and it’s a tale that exposes how shabbily many senators were treated in the wake of that report. To recap, that AG report essentially made up a bunch of rules that did not exist, particularly around how many days a year constituted “primary residency,” which Carstairs got caught up in. And in a rush to show the public that they were taking this report seriously, the Senate turned over the report directly to the RCMP, and Carstairs was left trying to keep her reputation intact, hence retaining counsel and trying to explain that she hadn’t broken any rules.

What needs to be repeated again with this story is just how problematic that AG report was. When the Senate later retained its own counsel to go over that report to see if they should try to sue any of the senators who had refused to repay or seek arbitration for the identified sums (which included Carstairs), that legal review laid bare the arbitrary rules that the AG imposed as part of his review, and essentially how shoddily it was done. And I know several senators who simply opted to pay back the sum rather than keep fighting it because they wanted it to go away – Carstairs refused, and it looks like she’s going to be punished for it, whether financially with the loss (the maximum reimbursement for legal fees under Senate rules is generally $25,000), but also with the loss of reputation. I would hope that the Senate has had enough time since the audit that they can now revisit this case and offer the apology and what restitution they can, and admit that they were hasty in their actions because they were trying to appease a public that was baying for blood post-Duffy, for what good it did them. I would also hope that more of my media colleagues would also start calling out the AG for the problems in his report when cases like Carstairs’ come up again in the media, but I suspect that won’t happen, as we pay far too much deference to him as being untouchable and infallible, when clearly that’s not the case.

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Roundup: A jobs crisis report rooted in fancy

The Conservatives released their Alberta Jobs Taskforce report yesterday – a make-work project to make it look like they were paying attention to the plight of the province’s resource-driven downturn, never mind that it wasn’t going to actually do anything because they’re not in government. The eleven recommendations that it came up with were…ambitious. I won’t say magic (such as the Ontario NDP’s Hydro plan, also released yesterday, relied on), but I will say that it relies a lot on wishing and hoping instead.

To start off with, the top recommendation is to eliminate the proposed carbon tax – which is provincial jurisdiction, not federal, to be clear – and to reduce corporate and small business taxes along with reversing CPP contribution increases. These are typical Conservative bugaboos, so it’s not a surprise we would see these recommendations. “Reducing red tape” for resource projects? It’s like the Conservatives forgot that when they tried to do that when they were in office, it backfired on them and created even bigger headaches as the lack of due diligence, particularly around dealing with First Nations, landed them in court numerous times. Encourage retraining? Provincial jurisdiction. Review EI to “improve efficiency”? You mean like their ham-fisted attempt at doing that a couple of years ago that cost them every Atlantic Canadian seat that they had? Recommendation five is particularly interesting because it calls on both a) reducing red tape for starting small businesses while b) creating tax credits to hire unskilled workers. Ask any small business and they’ll tell you the worst red tape is the complex tax code, so asking for the creation of yet more tax credits is to work against the first demand. Coherence! Implement programs to encourage hiring of recent graduates (sounds like big government), while increasing financial literacy across Canada? Erm, how does that actually help youth? I don’t get the connection. Lower interprovincial trade barriers? Well, considering that every government has tried doing that since 1867, and that the Conservatives didn’t make any tangible progress in their nine years in office, I’m not sure that Alberta hurting now is going to suddenly fixate everyone to solve that problem. Adjust domestic policy to the new Trumpocalypse reality? Seriously? There is no policy coherence coming from the States, so how can Canada “adjust” to it? Reform credentials-matching for new immigrants and the Temporary Foreign Workers Programme? Again, if it were easy, the Conservatives would have done it when they were in power. And finally, balance the budget? How does this solve Alberta’s job woes? Oh wait, it doesn’t. It’s just yet another Conservative bugaboo that they’re trying to hit the government with, using Alberta’s jobs crisis as the cudgel.

I’m sure that they spent time on this, but honestly, I’m less than impressed with the suite of recommendations. The lack of coherence and insistence that nigh-intractable problems should be solved now when they haven’t been for decades is more than fanciful.

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Roundup: The “good parts” of populism?

I will confess that the eleventy different appearances on every conceivable political show over the past week by Preston Manning to coincide with his eponymous institute’s networking conference over the weekend has had me a bit preoccupied. Everyone is eager to talk about the rise in populism, and whether Trumpism will make its way to Canada in a more visible form (not that we haven’t seen in here before already, with Rob Ford as the most obvious example), but what gets me is when Manning starts waxing about harnessing the “good parts” of populism rather than the ugly side that has led to things like Brexit and the Trumpocalypse, and he goes on at length about history of prairie populism and how he perceives that to be a positive thing. Granted, his particular perspective on that is more than a little biased, considering that his father’s brand of prairie populism made him premier of Alberta for a number of years, and Manning’s crafting that into the Reform Party got him to Ottawa for several more years. But reading some of the accounts of some of that prairie populism years later – in particular this account of the rise of the CCF in Saskatchewan and how they became another craven political party by the time of Tommy Douglas’ provincial demise – makes me think of growing up gay in Alberta, where that “prairie populism” left its mark in a province that was far less socially progressive and with parties that were less willing to be so, being dragged kicking and screaming to the Supreme Court of Canada. I didn’t grow up seeing the “good” side of prairie populism, which is why I struggle to reconcile with Manning trying to find the good parts of populist sentiment to embrace. I am having a hard time trying to find the “good parts” of breeding cynical distrust in institutions, and this narrative of “pure” people versus “corrupt elites,” and in waging wars against the media that follows that narrative’s lead. You wouldn’t think that politicians would want to play with the fire that is distrust, and yet they keep reaching for the lighter. I think Manning may be playing things a bit too optimistically, and may be a bit too naively, for my comfort level.

Chris Selley looks at the Manning Conference and some Conservative behaviour in recent weeks, and wonders if the party no longer stands for anything other than a series of shared grievances as opposed to some actual policy or ideology. (One could argue that they ditched ideology a while ago and have simply become right-flavoured populists, made most especially manifest when they went ahead with the GST cut that every single economist told them not to do). Kady O’Malley leaves us with a warning about drawing too many conclusions based on the Manning Conference’s schedule alone rather than the discussions that people were having on the floor of the event, which not only saw some of its biggest draw ever, but also seemed to be very much more about the leadership race than it was about those panels about “radical Islamic terrorism” and so on.

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Roundup: Manning and the Populists

It’s the Manning Centre conference here in Ottawa, which is the “conservative Woodstock,” as they say, and is pretty much were all of the small-c conservatives come to network, only this year, in the midst of the Trumpocalypse happening south of the border, the flavour of this year’s conference has changed, with much more pandering to the fringe elements, catering to overblown fears of Islamic terrorism and the kinds of populist demagoguery that are suddenly in vogue. Oh, and all fourteen Conservative leadership candidates are also there, and hey, they had a little debate, which allowed them a bit more freedom to actually debate in small groups, but most of it was still their canned talking points, so take it for what it’s worth.

As for conference programming, here’s Kady O’Malley’s recap of the first half including Preston Manning’s speech, and her assessment that fears of a Trumpist takeover appear to be more overblown, as many of the demagogic panels have had less than spectacular attendance. John Geddes recaps the moments of the leadership debate that had the biggest sparks. Geddes also has a conversation with Manning about populism and how it’s shaping debates right now.

Andrew Coyne warns Conservatives at the Manning Conference about the siren song of populist demagoguery. Chris Selley looks at that demagoguery up close in the panel on the “Islamist extremist menace” at the Conference, calling it bonkers. John Ivison looks at the dynamic Kevin O’Leary is bringing to the Conference and the race, and the outsized role he is starting to play, building an “Anyone but O’Leary” vibe. Paul Wells notes the changes in the Conference’s tenor over the years as a result of the political culture of followership, eager to imitate the perceived leaders of their pack.

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Roundup: Asylum conundrum

The debate over illegal refugee crossings into Canada is at a bit of a roadblock given the impossibility of the situation from a great many perspectives. Without any kind of physical barrier at the border – say, a fence or a wall – there’s not a lot that we can do to stop them from coming over because, well, that’s American territory and our border guards and RCMP aren’t going to cross the border to prevent crossings, nor can they anticipate every crossing point and physically prevent them from crossing into Canada, despite the tautology that Tony Clement seems to be clinging to.

Ralph Goodale has been quite lucid in answering questions on the subject and saying that additional resources will be deployed as needed, but again points to the physical impossibility of keeping them out, so we have to simply follow our processes once they’re here. And for as much as people talk about dissuading these migrants from making a crossing, we can’t exactly buy up American ad space telling them not to come because they’re already freaked out by the Trumpocalypse and I’m not sure that many of them are acting rationally, which makes “dissuading” them a difficult prospect, particularly given our international obligations.

One tool that the government is not in any hurry to implement is a 2012 law around designating irregular arrivals in order to take additional detention measures and would prevent them from sponsoring other family for five years, but again, I’m sure that many would rather be in immigration detention in Canada for a few weeks as opposed to facing the prospect of immigration crackdowns and travel bans in the United States. This law was drafted largely in response to the arrival of boatloads of Tamils seeking asylum, but it also needs to be pointed out that the number of those claimants were small, and I remember more than a few columns around the time that it happened where people were saying that these people willing to brave a crossing and survive on a diet spiders during the crossing were the kinds of resilient people that we want in this country. But the previous government was also one that was trying to solve the refugee backlog “crisis” that they created by not filling IRB positions for an extended period, and when they did accept refugees, tried to prioritize groups they felt they could get some political advantage out of (such as Christians from Iraq). I would also add that stepping up detention and other punitive measures would go against the brand that the current government is trying to sell to the world, which would make their reluctance all the more apparent, but one supposes that we’ll have to wait and see if there is a bigger spike in claims once the weather gets warmer.

Meanwhile, Andrew Coyne grapples with the difficult conundrum of what to do with those asylum seekers, while Scott Gilmore says that while we can’t stop them from arriving, we can do better once they’re here, starting with more staff at Citizenship and Immigration and making more of an effort to make them feel welcome because we need them.

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Roundup: M-103’s ongoing morass

Some of the nonsense around M-103 and the Conservatives’ competing supply day motion that “all lives matters” the Islamophobia debate, continues to churn, with the Peel Regional Police announcing that they have added patrols and additional protection to MP Iqra Khalid following the revelation of the level of threats and harassment that she’s received over tabling the motion – basically proving her own point about the problem of Islamophobia that needs to be addressed before we have a repeat of the Quebec City shooting. But adding to the morass is when one of her Liberal colleagues, Chandra Arya, said that what happened with the Quebec City shooting was a “direct result” of the kind of dog whistle politics that the Conservatives and the Parti Québécois have been engaging in, with talks of niqab bans and barbaric cultural practices tip lines. That, obviously, has yet more people up in arms over the whole debate – a debate which prompted a “protest” outside of a Toronto mosque yesterday where people demonstrated that they were totally concerned about the vague language of “Islamophobia” and were really concerned with free speech rights, as they held up signs calling for Muslims to be banned from Canada – once again, proving the whole point of M-103.

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Susan Delacourt contrasts the Conservatives’ two faces, cooperative on trade, but feeding demagoguery when it suits their needs. Paul Wells notes the Liberals’ ability to force Conservatives to deal with dilemmas like the one of M-103. Adam Radwanski chronicles the party’s collapsing big tent in the face of the rise in populist demagoguery. Andrew MacDougall warns the Conservatives about the dangers of peddling cynicism instead of building trust. Andrew Coyne writes about the importance of free speech and the problems with government-sponsored chills on it – which M-103 is not, by the way.

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Roundup: Let’s not efface Langevin

A group of Indigenous MPs, along with the national chief of the Assembly of First Nations, are calling on the government to rename the Langevin Block – the building that houses the PMO – because it is named after one of the architects of residential schools. And while I understand and respect their feelings on the matter, I would like to add that I think this would be a mistake. Why? Because the average Canadian doesn’t know who Hector-Louis Langevin was, and what his role in residential schools was (let alone that he was a Father of Confederation), so to further efface his name is actually a disservice to the spirit of reconciliation, which they say that this is a part of. What I would suggest instead are additions to the plaque explaining the building and the name, and for signage inside the building, to remind the denizens about the consequences of actions that may be have been well-intentioned at the time. And we have no reason to think that Langevin himself was especially malevolent, but was merely a product of his time. There was all manner of racist policies by the government because that was how they understood the world to be. It’s also a question of who’s next after Langevin? Sir John A Macdonald? I think that we would all be better off to confront Langevin’s legacy and to spell it out to people that what a party does in government can echo for generations and be completely devastating. It would be a reminder for all time that deeds and misdeeds have consequences. And the PMO being confronted with that on a daily basis would seem to me to do more for reconciliation than simply effacing the name and giving it something trite like the “Reconciliation Building” (as Calgary renamed their Langevin Bridge). Let’s teach history – not bury it, which removing the name would be.

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