Tag Archives: Pensions

Roundup: Parliament’s ongoing abdication

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After a day of impassioned and indeed blistering speeches, Bill C-14 has passed the Senate without its key amendment that would remove the “foreseeable death” restriction, and has received Royal Assent, making it law, but it wasn’t done without more damage done to our parliamentary system. No, I’m not one of those pearl-clutchers who saw the Senate doing its job in standing up against unconstitutional legislation as being some kind of anathema or affront to the democratically elected Commons – indeed, anyone who listened to Senator Serge Joyal’s speech yesterday about all of the times that the elected majority in the Commons used their powers to strip away people’s rights should see that’s why simply hand-waving about “democracy” can’t be an argument that holds water – but rather, it was the burden that is being placed on the Supreme Court of Canada and those who must challenge this legislation that is the affront. The prevailing sentiment in the chamber became “this is going to be challenged, and we did as much as we can so now it’s up to the Supreme Court,” when no, the Senate could have dug in their heels and used the powers available to them under the constitution and threaten to defeat the bill outright because of the grave doubts about its constitutionality if the government didn’t back down. Joyal tried to move an amendment that would restore the previous amendment with a proviso that it be suspended for up to two years until the Supreme Court could weigh in on its constitutionality, which was a compromise that I remain uncomfortable with because I don’t like the fact that we are increasingly demanding that the Supreme Court weigh in on bills as though legislating were a game of “Mother May I?” I was almost convinced, however, by the fact that doing it this way would be at the government’s expense rather than at the expense of a family with a suffering member who would need to begin the legal challenge process all over again – something that some senators deemed to be an immoral action. It bothers me a great deal that this is becoming the new normal in our politics – that we are increasingly becoming dependent upon the courts to deal with matters of evolving public policy because MPs – and indeed senators – lack the testicular/ovarian fortitude to actually deal with tough issues.

To that end, I’m also extremely disappointed that you had senators who said that they did their job in warning the government about the fact that the bill was unconstitutional, and that the government will have to answer to the people for it. Except it’s not the Senate’s job to “warn” – it’s their job to protect minorities and the constitution, which they did not end up doing today. And “answering to the people” is precisely why the government has been so forcefully timid in what they were going to allow under this bill. “This is just the first step,” they kept insisting, but to be perfectly frank, I don’t believe them. The bill mandates that they must have a report within two years on things like advanced directives, mature minors and the mentally ill, but if you think they’re going to do something that report other than refusing to touch it with a bargepole, well, you’re a far more optimistic person than I. No, what happened today was a further abdication by parliamentarians in both chambers of doing their jobs, and forcing more of it onto the courts (and at the cost of the individuals who will be forced to bring the challenges). It’s disgraceful.

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Roundup: A test of bicameral wills?

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Whether through stubbornness or pique, the House of Commons voted to adopt nearly all of the amendments the Senate proposed to Bill C-14, with the exception of the biggest and most important one – the one which would eliminate the requirement of a “reasonably foreseeable” death before someone could be granted medical assistance in dying. And then, the Commons more or less announced that tomorrow will be their last sitting day before they rise for the summer, essentially daring the Senate to return a bill to a chamber that has gone home (well, they are supposed to come back on the 29th for Obama’s address), and leaving the spectre of there being no law in place, which has all manner of medical community stakeholders concerned (never mind that the framework of the Supreme Court of Canada’s Carter decision is in place and would ensure that nobody would be charged for providing the service). It’s a little more ballsy than I would have given the Liberals credit for a few weeks ago, particularly before I saw the background paper that Jody Wilson-Raybould released with her…questionable justification for drafting the law the way it was. Now comes the difficult part – will the Senate stick to their guns and insist that the amendments to eliminate “reasonably foreseeable” be maintained if the bill is to remain constitutional, or will they back down because they’ve made their point and the Commons is the elected chamber?

This is the part where I chime in with a few reminders that this is the reason why our Senate exists the way it does – it enjoys institutional independence and cannot be threatened by the Commons so that they can push back on bills they find unconstitutional, particularly a controversial one like this, where MPs are proving themselves to be timid in the face of a Supreme Court of Canada decision that lays out what they deem to be an appropriate constitutional reading of the issue – something the government is basically flouting in an attempt to push back on this bit of social evolution for as long as possible. And as I’ve stated before, it’s not beyond the realm of possibility that the Commons is waiting for the Senate to “force” them to advance things. Will it turn into a ping-pong between the chambers? Not for much longer, I would say, but it is going to depend on who blinks. If the Senate does dig in its heels on this and insist that doing otherwise would be to let an unconstitutional bill pass, then there is every reason to suspect the government take the “forced into this” option and let the Senate be the punching bag when religious and disability groups complain. There are people suggesting that the Supreme Court should break the impasse, which I would loudly denounce because it’s the very last thing we need. It’s not their job, and it would signal a complete abdication of the rights of Parliament and Responsible Government that our predecessors fought long and hard for. (Also, stop demanding these bills be referred to the Court – legislating is not a game of “Mother May I?”). This whole exercise is why the Senate exists. Let’s let them do their jobs.

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QP: A (mostly) serious, grown-up day

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There we no major leaders present for Question Period yet again, and with an increasing number of empty desks, the time of year is getting increasingly obvious. After an emotional tribute by Nathan Cullen to UK MP Jo Cox, who was murdered in her home riding earlier today, there was a moment of silence in the Commons. Jason Kenney started off, demanding that ISIS be considered a genocide. Stéphane Dion assured him that because of the UN report on genocidal activities, they were asking the UN Security Council to make a declaration. Kenney insisted that Dion was late to the party and named off other affected local populations, and Dion reminded him that Canada’s policy was the same as our allies and we were taking the lead in getting the Security Council to Act and it was why we tripled our contribution to the allied forces in the region. A third round from Kenney got the same answer. Michelle Rempel was up next, and demanded action on resettling Yazidis to Canada. John McCallum noted that several families were on the way to Winnipeg in a few weeks under private sponsorship, and noted that the Immigration Committee had just adopted a motion to study it. Rempel quoted the act that lets McCallum take action immediately, and he reminded her that the situation was more complicated than that. Marjolaine Boutin-Sweet led off for the NDP, demanding parliamentary oversight for weapons exports. Dion stated that he controls export permits and does so with rigour and transparency. Boutin-Sweet then demanded a public inquiry into Afghan detainees, and John McKay listed off past and ongoing investigations. Murray Rankin was up next, and demanded that parliament pass Bill C-14 as amended. Jody Wilson-Raybould insisted that the bill as tabled was already constitutional and that it was the right approach. Rankin demanded the bill be referred to the Supreme Court, but Wilson-Raybould was not moved.

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QP: A moment for Orlando

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Things got off today with a few statements of condolence and shock around the attack on a gay nightclub in Orlando over the weekend, and a moment of silence in the House of Commons. Neither Rona Ambrose nor Justin Trudeau were present today, Trudeau meeting with the chief and youth delegates from Attawapiskat.

Denis Lebel led off by asking about the terror attack in Orlando and the execution of hostage Robert Hall in the Philippines. Ralph Goodale responded with condolences and assurances that there were no threats to Canadians. Lebel then demanded an electoral reform referendum, to which Maryam Monsef called on all parliamentarians to help the committee do their work. Lebel pivoted again, and asked about a carbon tax. Jonathan Wilkinson assured him that they were focused on growing the economy in an environmentally sustainable way. Andrew Scheer took a crack at that question in English, terming a carbon price an “Ottawa knows best” approach, and Wilkinson gave the same answer. Scheer then accused the Liberals of charging admission for an electoral reform town hall, and Monsef said that they all members were supposed to follow the rules around these town halls. Thomas Mulcair was up next, and raised their opposition day motion topic of marijuana decriminalisation for simple possession. Jody Wilson-Raybould noted that they can’t just decriminalise without ensuring that children could not access it. Mulcair gave it another go in English, got the same same answer, and then he pivoted to take on the scourge of bank fees. François-Philippe Champagne reminded him that the government doesn’t regulate the day-to-day operations of banks. Mulcair asked again in French, and got much the same answer.

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Roundup: New paths to power

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If there was any particular proof needed that things are indeed changing in the government, the way in which decisions are made is a pretty good place to start, as Susan Delacourt explores over in Policy Options. Gone are the days when all paths lead to the PMO, but rather individual ministers are empowered to make decisions, but at the same time, they are expected to consult with provincial and territorial counterparts. The civil service, having grown used to not being asked to draw up an array of options for shaping policy, is now a “fixer upper,” while the new dynamic makes it possible for anyone to contribute to policy discussions, meaning that the government can draw from a bigger pool of ideas. And the new buzzword of “deliverology” means that goals are being drawn up as tangible things that have knowable results, rather than just abstract dollar figures. (The “guru” of deliverology just met with cabinet at the Kananaskis retreat, where he said that the government has made good progress over the last six months). Commons committees are coming up with policy discussions of their own (not that they’re always going to be taken fully, as the assisted dying legislation shows). We have evidence that the Senate and their legislative agenda is being listened to, with examples like Senator Moore’s bill on restoring parliamentary authority over borrowing being adopted in the government’s budget, and Ralph Goodale talking about how they are considering his bill on CBSA oversight. So yes, it looks like the centre of power is less and less the PMO in this brave new world, which is probably not such a bad thing after all.

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QP: We thank the PBO

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Caucus day, and all of the leaders were present for the only time this week, Trudeau heading to New York for the rest of the week after things wrapped up. Rona Ambrose led off, mini-lectern on desk, and quoted the PBO’s report yesterday, accusing the PM of misleading Canadians on basic facts. Trudeau thanked the PBO for his report, and noted their commitments to things like a larger tax-free child benefit for nine out of ten Canadians. Ambrose wondered how Canadians could have confidence that the government could protect their jobs, and Trudeau reeled off his list of promises of investments. Ambrose then wondered why the BC LNG projects weren’t moving forward. Trudeau reminded her that they couldn’t get the job done because they didn’t care about the environment at the same time as the economy. Denis Lebel got up to repeat the PBO questions in French, got much the same answer in French as before. Thomas Mulcair was up next, and raised the problem of veterans who have to fill out forms every year to prove that their limbs have not grown back. Trudeau reminded him of the promise to make record investments in veterans. Mulcair snidely called out the talking points and demanded an answer for this particular case. Trudeau reminded him of the mandate letter to his minister on the sacred obligation to veterans and that they were cleaning up the mess left by the previous government. Mulcair demanded marijuana decriminalisation immediately in the lead-up to legalisation, and Trudeau first remarked that it was always a surprise which position Mulcair held on marijuana on every given day, and noted that decriminalisation was a pipeline to profits for criminal gangs. Mulcair thundered about it one last time, and Trudeau repeated that legalisation was all about protecting children and starving criminal gangs.

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Roundup: McQuaig’s “lessons learned”

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Former NDP star candidate Linda McQuaig penned a column in the Toronto Star about her “lessons learned” after two unsuccessful attempts at running for office (and no plans to run again), and as one could expect, it’s a little self-serving. In it, she bemoans her loss of freedom to discuss topics thanks to party discipline and central messaging, and the fact that she knowingly walked into a trap about oil sands staying in the ground despite the fact that it went against the party line. Her takeaway: that the rush to avoid complexity and controversy infantilises voters, and somehow the NDP’s apparently popularity over their position on C-51 (despite the fact that it too was facile and unworkable, according to the very same security experts they cited over the bill’s problems) must somehow be an indication of they’re actually hungry to be treated like citizens. It’s a bit of a leap in logic because part of what the issue was when she went against the party line was that after it happened, she went into lockdown and didn’t really talk her way out of what she said, and the spin machine of “you want to destroy the energy industry” filled that silence. It was a self-inflicted wound that could have been managed, but wasn’t. As for her contention that voters are looking for adult conversations on issues, that may very well be true, but the NDP weren’t offering it while the Liberals certainly were better suited for it with their comprehensive platform. What we got from the NDP were some platitudes about “competent public administration” and promises to balance the budget based on fuzzy numbers (and recall that their first “costed” platform document was little more than buzz-words with dollar figures attached that meant nothing). So really, if you think that voters want an adult conversation then provide them with one, not what the disingenuous platitudes being offered (that C-51 could be repealed wholesale, that the NDP “only needed 35 more seats,” word games over the “federal minimum wage,” the aforementioned fuzzy costing documents). Voters aren’t as stupid as the campaign was treating them. Michelle Rempel responds to McQuaig here, while Rob Silver had a few other comments over the Twitter Machine.

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QP: Bélanger presides for a moment

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Today was the day that MP Mauril Bélanger was given the role of honorary Speaker, his plans to have run for the post cut short by his ALS diagnosis. Bélanger has since lost the ability to Speak, but thanks to modern technology, he has been using an iPad with a speech emulator, and it was this that allowed him to preside over the Commons after a slow procession to the Chamber. Bélanger oversaw some rather well-behaved (though still somewhat partisan) Members’ Statements, and the first couple of questions. Rona Ambrose led off and recalled the Ice Bucket Challenge, and asked the PM for research dollars for ALS. Justin Trudeau saluted Bélanger first, and urged Canadians to give time and support in finding a cure. Normally Ambrose would get four more questions, but instead Mulcair was up next, and asked about minority francophone rights — a passion of Bélanger’s. Trudeau paid tribute to Bélanger’s efforts over the year. Bélanger then made a statement of thanks through his voice emulator, before Speaker Regan resumed the chair, while the Chamber thundered applause.

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Roundup: Boutique tax credits for everyone!

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The very first Private Members’ Bill up on the docket to be debated is one that give me a real headache, and it’s one that should be disallowed from being voteable, all because of a wee little loophole in the rules. The bill, from Conservative MP Ted Falk, aims to increase the tax rebate which charities receive to match the same level that one gets for political donations. The problem? That this is really an expenditure, and private members’ bills are forbidden to spend money without a royal recommendation (though MPs have gone to increasingly ridiculous lengths in recent years to try and contort logic to pretend that those bills don’t spend money when in fact they do). The even bigger problem? That a loophole currently exists in the rules that makes it technically possible for these bills asking for a tax credit to bypass the spending rules because technically (and under the way that procedure is interpreted) the bill seeks to reduce tax paid, not increase or expend taxes. That’s not actually true, mind you – ask the Auditor General or any decent economist and they’ll tell you in no uncertain terms that tax credits are actually expenditures, and unfortunately there is precedent on Falk’s side, particularly with a certain PMB from Dan McTeague several parliaments ago where he got a tax deduction in under that technicality and it was deemed to be in order. The government repealed the measure in their next budget, but the bill got though when really it shouldn’t have. Unfortunately it opened the door to these kinds of bills that are looking to create new boutique tax credits, and that’s a problem. Our tax code is already thousands of pages, and far too complex. Boutique tax credits are actually terrible policy, but governments have decided that they’re good politics because they feel like they’re rewarding certain groups for certain behaviours, and damn the consequences. The Auditor General has sounded the alarm that these measures aren’t being properly tracked because they’re not deemed expenditures (even though they are), which means that they’re not being given proper parliamentary oversight to ensure that it’s money that’s being well spent – and he found many cases where it’s not. But as Falk is demonstrating, the floodgates are opening, and it won’t be long before the Order Paper is replete with these PMBs demanding new boutique tax credits for everything under the sun, to encourage all manner of behaviour that they deem a social good, under the rubric that they’re not spending any money and thus within the rules. It’s a loophole that Parliament needs to set upon itself to close for the sake of the tax code and parliament’s ability to hold these kinds of spending measures to account. Sadly, one suspects that in their self-interest, MPs won’t make the needed rule change and we can expect this situation to get worse with every passing parliamentary session.

https://twitter.com/avelshi/status/704465684797915136

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QP: In advance of the deployment motion

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As Ottawa dug itself out from a record snowfall, everyone was ready to go in advance of the debate on the new ISIS mission that would happen after QP. Rona Ambrose had her mini-lectern ready to go, and she read a question about how the PM could possibly withdraw our CF-18s from the fight against ISIS. Justin Trudeau noted that one opposition party wanted them to do more and the other wanted them to do it less, and they had a comprehensive plan. Ambrose accused him of stepping back against the fight against terror, to which Trudeau assured her that our allies were happy with our stepping up our efforts. Ambrose accused Trudeau of picking and choosing Canadian values, to which Trudeau reminded her about what people voted for. Ambrose then accused the government of burning through the surplus her government left — eliciting laughs from the government benches — and wondered how much deficit they would pile on. Trudeau reminded her that they actually left a deficit, and they were committed to delivering growth. Ambrose lamented job losses, to which Trudeau again noted committing to growth. Thomas Mulcair was up next, and blasted the government for not preventing job losses at Bombardier. Trudeau insisted that they would grow the economy in responsible ways. Mulcair demanded again in English, and Trudeau repeated his answer with an added lament about shouting about problems. Mulcair then changed topics and demanded to know if the new mission was a combat mission. Trudeau said that they were doing what was most effective. Mulcair gave another go, and got pretty much the same answer.

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