Lots of developments in the Senate, so let’s get to it, shall we? Kady O’Malley looks into the ways that the Senate is going through the process of reshaping itself to fit the new reality that they find themselves in, and so far they’ve been doing it in a fair-minded way, tempering some the partisan excesses of the previous parliament while they start adjusting their rules around things like Question Period in the new scheme they’ve developed. I’m still a little hesitant, considering that they’re losing some of the pacing and ability to make exchanges that made Senate QP such a refreshing change from Commons QP, but we’ll see once they start working out the kinks. Meanwhile, the Senate is trying to adapt its Conflict of Interest committee to a reality where there are no “government” senators, and more debate about how to include the growing number of independent senators into that structure. We’ll see how the debate unfolds in the next week, but this is something they are cognisant about needing to tackle, just as they are with how to better accommodate independent MPs with committee selection as a whole. Also, the Senate Speaker has ruled that the lack of a Leader of the Government in the Senate does not constitute a prima facia breach of privilege, convinced by the argument that the lack of a government leader doesn’t affect the Senate’s core ability to review and amend legislation, and that the primary role of the chamber isn’t to hold government to account. I would probably argue that it may not be the primary role, but it is a role nevertheless, but perhaps I’m not qualified enough to say whether that still constitutes an actual breach of privilege, as opposed to just making the whole exercise damned inconvenient and leading to a great number of unintended consequences as they venture into this brave new world of unencumbered independence. At this stage, however, things are all still up in the air, and nothing has really crashed down yet, but it’s a bit yet. By the time that Parliament rises for the summer, we’ll see if all of those broken eggs wound up making a cake, or if we just wind up with a mess.
Tag Archives: Privilege
Roundup: Looking to avoid mistakes
The defence minister’s slow rollout of the new plans going forward in the Iraq mission to combat ISIS has been providing the government an opening in which to be attacked by both sides, but when Harjit Sajjan hits back against the government, there have been a few cries by the Conservatives that are a wee bit defensive. When Sajjan suggests that there were failures, the Conservatives wonder aloud if that means the girls who are going to school, or the humanitarian work that’s been done over the years. Sajjan, who was on the ground in Afghanistan for three tours, and has mused openly about looking to avoid the same kinds of mistakes, has plenty of ammunition to choose from. Read any book about the mission, and you’ll find countless examples of problems of poor management, poor communication, and as Sajjan has noted, unintended consequences of actions we’ve taken that helped our enemies in the longer term, particularly with recruitment. That he wants to take the time to get a new mission on the ground in Iraq right is hardly surprising in this context, but everyone demands answers. Meanwhile, Canada’s in the bottom third of allies in NATO for defence spending, which shouldn’t surprise anyone, though it has noted that capability and spending levels are not necessarily the same thing, and that countries who meet spending targets are generally useless.
for some ideas about mistakes in A-stan, perhaps this new book might be handy, @davidakin, https://t.co/9Lfl5CNHzl https://t.co/HGPYpJF8h1
— Steve Saideman (@smsaideman) February 4, 2016
Wrong, it was Canada's war and NATO's war. Harper tried to disown it, disappeared in 2008 (see my book) https://t.co/90g7s4qVCt
— Steve Saideman (@smsaideman) February 4, 2016
Yep, key message of my book is that all the prime ministers were less mature than rest of Canada. https://t.co/ZclkUzOK6j
— Steve Saideman (@smsaideman) February 4, 2016
Roundup: A troubling allegation
There’s a rather disquieting story in the Huffington Post that quotes a couple of unnamed former Senate staffers, who point the finger at Senate Speaker Leo Housakos as the source of the leaks of the Auditor General’s report into senators’ expenses. And to be clear, in the past couple of weeks, I’ve heard similar tales being floated by someone else on the inside who witnessed it happen, and later witnessed Housakos deny it to other Senators. And indeed, Housakos was in the big chair when he found a prima facia breach of privilege when Senator Céline Hervieux-Payette raised the issue in the chamber, and with that finding, it went to the Senate’s rules committee to study the matter; that study was suspended when Parliament was dissolved, but it could be revived once the committee is reconstituted. That breach of privilege is a pretty big deal, and the fact that more than one person is now coming forward to say something is telling. This going public is also going to put pressure on Prime Minister Trudeau with regards to what he’s going to do with the question of appointing a new Senate Speaker. To be clear, this is a Prime Ministerial appointment because, unlike the Commons Speaker, the Senate Speaker is higher on the Order of Precedence as he or she fills a variety of additional diplomatic and protocol functions that the Commons Speaker does not, and is considered a representative of the Crown. If the current representative is not deemed to be trustworthy, and has indeed violated the privilege of Senators for his own ends, then it seems difficult to see how he can be trusted to stay in the post, and it may light a fire under Trudeau to do something about it, while the rest of the Senate remains in the dark about how they’re going to organise themselves as Trudeau drags his feet.
Roundup: The other ruthless dictator
NDP-turned-Green MP Bruce Hyer is warning that Thomas Mulcair will be as dictatorial of a Prime Minister as Stephen Harper if elected. To which I would reply “quite possibly.” While some of Hyer’s criticisms are that Mulcair will say anything to get elected, that’s fairly standard practice across a host of different parties and even leaders – and don’t think the Greens are much better, if you looked at how Kevin Milligan eviscerated their election platform’s costing over the weekend. But Hyer does have a point in that Mulcair’s NDP has been a very tightly controlled ship. Iron-fisted in many respects, but it does go back to the 2011 election, when Jack Layton was still in charge. The moment the election was over and they had accidentally won that wave of Quebec seats, with all of those paper candidates, the party went into communications lockdown and messaging became even more tightly controlled than that of the Conservatives. The NDP went so far as to centralise their communications media relations – something even the Conservatives hadn’t done, with their famous control from the centre. This carried on through the leadership and was adopted by Mulcair when he became leader, so it’s not just him that’s doing it – it’s the party’s entire apparatus. And it’s not like the NDP was this bastion of free voting even when Layton was in charge – MPs were routinely punished for stepping out of line with their votes, be it with QP slots taken away, or what have you. Solidarity was enforced, much as it continues to be under Mulcair. While I find José Nunez-Melo’s sour grapes at his nomination not being protected to be a bit rich, it does bear reminding that there is a darker side to the NDP that they don’t like to show or talk about, but it is there if you pay attention, even if Hyer is trying to pin it on Mulcair personally.
Roundup: Breaking the debates
The Conservatives have decided that they’re going to opt out of the major broadcasters when it comes to election debates this fall, and will instead entertain the option of independents who don’t have the same kind of widespread broadcast capabilities, by accepting the invitations of Maclean’s/Rogers, and TVA in French. In a way, it’s more of this attempt to portray themselves as poor, put upon underdogs that the “big media elites” are trying to control – as though being in power for the past ten years doesn’t make them elites. There has been this particular undercurrent in pre-election conversation that they want plenty of debates because apparently it’ll be how they can trip up Justin Trudeau (ignoring both the fact that he cleaned up in his party leadership debates, and the fact that the more debates, the more chance that any gaffes will be minimised). It’s also a curious strategy that they would forgo the broadest audience that the major broadcasters’ consortium could provide – and a bit tone deaf as to the reality of the media landscape that they think that it’s just a matter of some university hosting an event and everyone brings their cameras. What it does is twofold – firstly, it’s a power game by the Conservatives to unilaterally pull out of the consortium negotiation process and throw everyone into disarray, and secondly, it’s an attempt to control those debates by creating a proliferation of independent offers that they can then cherry pick when it comes to things like format and hosting choices. It has also been pointed out how hypocritical their position is considering that they very rarely allow their candidates to even attend local debates, so for them to be concern trolling over the state of the leaders’ debates is a bit rich. Suffice to say, it’s throwing a lot of added confusion out there and is setting up a power play that will further break our system more than it already is.
Roundup: Foolishly demanding Supreme Court intervention
In an attempt to continue to stall having to repay their satellite office expenses, the NDP have taken the incredulous move of demanding that the government refer the matter to the Supreme Court, so that they can decide whether the matter is even justiciable before the NDP’s challenge at the Federal Court goes ahead. Oh, and they’re not going to pay a cent back until they have final say from the courts, and given the pace at which these things happen, it sounds an awful lot like they’re trying to keep putting this off until we’re into the writ period, if not later. More to the point, this is completely crazy and irresponsible because it’s a self-inflected blow to parliamentary sovereignty. Parliament decides its own rules because it’s the body that decides upon the creation of laws in this country, and it has privileges to ensure that it can do so without interference from either the Crown or its agents. What’s worse is how the NDP worded their press release – that they want the Supreme Court “to intervene,” amidst their whinging that this is because the Conservatives and Liberals re being mean to them for partisan reasons – never mind that it was the Clerk who discovered that they broke the rules. The fact that they are wording this in such a way makes it sound like they want the Supreme Court to be the babysitters of Parliament – which is not their job – and furthermore sounds about one step away from them calling on the Queen to intervene for them because they’re not getting their way. It’s political desperation, and it’s a terrible road to start travelling down, to voluntarily start stripping parliament of its privileges because they refuse to own up to their own poor judgement.
@journo_dale @J_Scott_ either the Fed Court has jurisdiction, or not. If they have a strong case at Fed Court, who needs the SCC? And…
— Rob Silver (@RobSilver) February 27, 2015
@journo_dale @J_Scott_ …if they think the Federal Court is going to laugh them out of the room, why won't the SCC do same?
— Rob Silver (@RobSilver) February 27, 2015
https://twitter.com/j_scott_/status/571449661007003649
Roundup: Eight whole meetings
With the C-51 now before the Commons public safety committee, various kinds of shenanigans were played there, the NDP essentially launching a filibuster throughout the day in order to get more time to hear from witnesses, and they did get more time – about eight days, instead of three. They had proposed some 25 hearings, which included over a constituency week so that they could still meet the same deadline the government proposed, but they didn’t bite. It was also suggested that this may have been the government’s plan the whole time – give them a few more days and they’ll seem reasonable. Perhaps, but that didn’t seem to be the case if you listened to the Conservatives on the committee, who seemed to think that talk about rights was somehow an unreasonable thing. Online, people claiming to be from Anonymous are hoping an online campaign will force the government to back down on the bill, the way the government responded to backlash over Vic Toews’ lawful access bill, but I’m not sure they’ll have the same success, especially as the government is fairly confident that they can get the public to go along with the bill by holding the threat of terrorism over them – especially as new stories of people heading over to fight with ISIS become almost daily news at this point. The NDP tried to get in on the online campaign game and tried to get #StandWithRosane to trend – meaning their deputy critic Rosane Doré Lefebvre, leading the filibuster effort. Not surprisingly, it didn’t trend, for fairly obvious reasons, which makes one think that the NDP still hasn’t quite cracked the social media campaign that the election will supposedly be about. Perhaps we can call it a “hashtag fail,” as it were.
.@RosaneDL is fighting for our rights and freedoms right now. Join her. #StandWithRosane #NDP #cdnpoli #C51 pic.twitter.com/ifj82DBbR9
— NDP (@NDP) February 26, 2015
Roundup: Closure and privilege
It was wholly depressing the way in which the whole matter was rushed through. After the imposition of closure – not time allocation but actual closure – the government rammed through their motion to put all Hill security under the auspices of the RCMP without any safeguards to protect parliamentary privilege. After all, the RCMP reports to the government, and Parliament is there to hold government to account and therefore has privileges to protect that – the ability to have their own security being a part of that. Liberal MP Mauril Bélanger tried to amend the government’s motion to make it explicit that the Speakers of both chambers were the ultimate authorities, and the government said good idea – and then voted against it. And so it got pushed through, privilege be damned, with minimal debate and no committee study or expert testimony. The Senate, however, is putting up more of a fight, and the Liberals in that chamber have raised the privilege issue, and the Speaker there thinks there is merit to their concerns, and has suspended debate until he can rule on it. And this Speaker, incidentally, is far more aware of the issues of privilege and the role of Parliament and the Senate than his Commons counterpart seems to be, and he could very well rule the proposal out of order. One hopes so, and once again it seems that our hopes rest on the Senate doing its job, because the Commons isn’t doing theirs.
I don't know about you all, but I'm actually not willing to predict how Senator Nolin will rule. Senate speakers are tricky.
— kady o'malley (@kady) February 17, 2015
Roundup: All About Eve, Part 2: The Revenge
It was a move that shocked pretty much everyone – Conservative parliamentary secretary Eve Adams crossed the floor to the Liberals, and called out Stephen Harper as “mean-spirited” and a bully. Of course, Adams is not without controversy, with her botched nomination and allegations of shenanigans, and the news from the Conservative Party that she was denied a further attempt to contest a nomination – not that it impacted her parliamentary secretary role or duties, which they apparently still had confidence in her carrying out. This makes her look to be self-serving in her decision to approach the Liberals, though it sounds like she approached Trudeau before the final no from the Conservatives. There are also suggestions that her relations with Harper started to deteriorate after a meeting last month, but it’s all still unclear at this point. For the Liberals, Adams played up her roots in the Progressive Conservatives – a party which is no longer and whose bona fides are fading from the modern Conservative Party (which, to be fair, has also tossed social conservatism in favour of base populism). Trudeau is trying to re-capture those blue Liberal voters who voted Conservative in the past couple of elections, as well as to get the Red Tories who still exist, particularly in Ontario but also in Alberta, to vote Liberal instead. Now she’s going to try and contest one of the still open seats in the GTA, but if any Liberals want to send a message that she’s not welcome in the party for her past Conservative sins, well, this is their chance to let their displeasure be heard. As for Adams, she leaves from a prestigious position with the government to the third party, and she goes from strict message control to a place where she’s going to have to do a lot more heavy lifting as she takes on a critic portfolio. Maybe she can make something of it and prove herself. She’s got about 14 sitting weeks to make something of her change. Then there’s the question of Adams’ spouse, Dmitri Soudas, former right-hand-man of the PM and former director of the Conservative Party. He says he supports her move, and has already made threatening tweets to Conservative MPs who have tried to be too snarky about it, but the Liberals have stated that he will have no formal role in the campaign other than supporting Adams with her nomination. It was, however, pretty rich of the Liberals to cast questions about this dynamic as sexist, because they were a “power couple” and that makes it relevant. I personally am curious about some of the wider-ranging implications, such as how the Soudas-Leo Housakos power structure will carry on, as that is currently part of the cabal at the centre of Senate leadership. The loss of Soudas from the Conservative fold could resonate there as well. Paul Wells offers some snarky – but entirely deserved – comments on the whole affair.
Do men get accused of ambition when they cross the floor? I don't really know any politicians who aren't ambitious. #cdnpoli
— Susan (@susandelacourt) February 9, 2015
https://twitter.com/d_soudas/status/564867569836765184
To clarify: Soudas will not have a formal role in the LPC but he, like her whole family, is supportive of @MPEveAdams's decision and her run
— Kate Purchase (@katepurchase) February 9, 2015
https://twitter.com/d_soudas/status/564910542037319680
Roundup: A few answers and a fuzzy line
The RCMP gave a lengthy press conference yesterday on the “domestic terror” incident in Quebec, and laid out several more facts to the case – that they were aware that the person of interest was being radicalized, that they had been in contact with his family and the Imam at that local mosque after concerns were raised that they arrested him back in July and seized his passport after he expressed a desire to head to Turkey in order to join the fighting in Syria, but that they seemed to be making progress and that he appeared to want to turn his life around just a few weeks ago. And then the incident happened, but there wasn’t much that they could have done to prevent it because it’s not illegal to have radical thoughts, or to drive a car. One of the two soldiers that he ran down died of his injuries yesterday, the other’s injuries are minor. The whole incident raises questions about passport seizures – especially as it means that they might be more likely to commit an act of violence here in Canada – and also highlights the fact that the threshold for where an act of violence becomes an act of terrorism is a subjective one. Defence Minister Rob Nicholson said that the death of that soldier will strengthen the resolve of our CF-18 pilots headed to Kuwait. Stephen Saideman offers some perspective sauce on the whole issue. Michael Den Tandt says that Canada can’t pretend to be immune to the threat of terrorism any longer, but it depends how the government handles the next steps that will be the most telling.