Roundup: Welcome, parliamentary secretaries

Justin Trudeau named his parliamentary secretaries yesterday – 35 of them, with three for his office alone, each representing particular portfolio issues. Those appointments aren’t at full gender parity, but then again, they’re not cabinet ministers either. The question now is what becomes of them – will they have useful and meaningful roles while still respecting the letter and spirit of Responsible Government in our system, or will they be used as human shields and ministerial proxies as they were in the last parliament? According to the Open and Accountable Government document that the PMO put out, the role of a parliamentary secretary is not to be a replacement cabinet minister, but to attend Question Period; help shepherd their minister’s legislation through the process in the Commons and in committee (but not voting in committee); supporting their minister’s position on Private Members’ Business; supporting their minister on committee issues and appearing before committees; and carrying out other House duties, such as leading government responses to Opposition Day motions and participating in the Late Show (aka Adjournment Proceedings). All of these are important, but let me make a couple of cautions. First of all, parliamentary secretaries should not – and I cannot emphasise this enough – sit on committees. This practice has been banned in the past, but when repealed, we saw what happened in the last parliament what became of it, which is that the committees were (in the words of Scott Brison) turned into “branch plants of ministers’ offices.” With their special PMO staffer behind them at committee meetings, it allowed the PMO to basically control the committee agendas, robbing them of any semblance of independence like they are supposed to have. This cannot be allowed to continue in the new parliament. We should also discontinue the practice of allowing parliamentary secretaries to field questions in QP. They are not members of the Ministry, and don’t have access Cabinet briefing materials, so they can’t answer. Under Responsible Government, the government is being held to account, so government needs to answer – not their proxies. Having them do so shields the minister from answering, and if the minister is not present, then they need to have a designated deputy in Cabinet to field those questions (and yes, there is a list of the deputies). Let’s keep the roles separate, and keep government accountable to parliament, the way it should be.

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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.

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Roundup: A dubiously predicted rejection

There are days when the Senate bat-signal shines in the sky, and I’m likely to sigh and say “Oh, you again.” And it’s one of those times, wherein the Hill Times writes a screaming headline about Liberal senators saying they’ll oppose an appointed Government Leader, only for the story to be about one unnamed Senate Liberal source (not even necessarily a senator) saying that they might objet to an appointment, but no one really knows because it’s all up in the air. So, chalk another one up for hyperbole without any real basis for it. Now, it does seem like there are some issues that need to be sorted, such as whether they count as a Recognized Party for budget reasons when it comes to leadership, but that would seem to me to be an issue that they could solve internally as the Senate is self-governing. And for sure, the sense of uncertainty amongst Senate Liberals is likely getting frustrating because I’m sure they’d like to know if there will be things like Senate Question Period still carrying on without a member of the government to hold to account, or how they will shepherd government bills through the Chamber, or even how they will organise seating (as there really isn’t a government and opposition side any longer), but again, it’s all up in the air. One does hope that the Liberals on the Commons side will start getting more communicative about what’s going on, seeing as having a functioning Parliament would be a good thing to get sorted, but it seems that we have to remain patient a little longer. Hyperbolic headlines don’t help.

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Roundup: Action on assisted dying

We’re now less than a week away from the opening of Parliament, and there’s a lot for the Liberals to do. One of those things is deciding what to do about the assisted dying file, and it looks like the Liberals have planned to strike a special joint committee of MPs and senators to quickly examine the issue and provide some legislative recommendations to the government. Remember that the deadline the Supreme Court gave the government is February 6th, and they haven’t decided if they will as the Court for an extension – one they may not be granted, and one where that extension will be a burden to those on the ground who may actually need the law in a timely fashion. There are a couple of reasons why the inclusion of senators in the process is noteworthy – one is that it can help to speed up the process of passing the inevitable legislation, because it can be like a bit of pre-study, getting them involved earlier in the process in order to speed up their own deliberations on the bill when it arrives. The other reason is that the Senate was debating a bill on doctor-assisted dying in the last parliament, which had been sponsored by Conservative Senator Nancy Ruth, based on her consultations with former MP Stephen Fletcher, and had workable solutions to some of the issues raised in protecting the vulnerable. That bill was debated over several days at second reading, but never was voted on to send to committee, likely because of some foot-dragging, but that debate happened, and those same senators are still there. If it’s something that can help speed the process, it’s not a bad idea that they’re in the loop and participating in solving the problem, which could potentially get legislation in the system before that Supreme Court deadline, and with a little luck, they won’t need to ask for an extension.

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Roundup: A plea without merit

At a security and defence conference in Ottawa yesterday, RCMP Commissioner Bob Paulson gave a plea for warrantless access to people’s Internet subscriber data. Trust us, Paulson said – we won’t abuse it or violate the Charter. Never mind that every privacy expert ever, as well as the Supreme Court of Canada, has said that no, they don’t need this kind of information without a warrant. At one point, Paulson made the comparison of getting a warrant to run license plates, which is patently ridiculous because you can’t get nearly the same information from a license plate that you can from someone’s browser history. Paulson raised all manner of bogeymen by which he needs warrantless access, from cyber-attacks to child pornographers, but the funny thing is that after the Supreme Court’s decision against warrantless access to subscriber data, RCMP data shows that forcing the police to get a warrant to see your IP history hasn’t hampered investigations, which makes Paulson’s plea all the more problematic. Trying to get this particularly dangerous power is not a surprise, but it is perhaps a little unbecoming knowing coming from a Commissioner who should know better.

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Roundup: Alberta and the first ministers

The talk of the week will fall into two categories – climate change, and refugees, but for today, climate change is going to be the big topic of discussion, given Alberta unveiling their momentous climate change plans yesterday, followed by the First Ministers Meeting on the subject today. Alberta’s plan is ambitious and courageous – carbon pricing that matches BC’s by 2018, phasing out coal-fired electricity (the vast majority of the province’s grid) by 2030, absolute emissions caps on the oilsands that are a little higher than where they stand today – and lo and behold, the energy sector didn’t freak out, but rather embraced the changes (given that they’ve been demanding a price on carbon for years anyway). In fact, there was commentary that these kinds of changes may be necessary in order to allow them to grow (though if the idea is the gradual phase-out of fossil fuels entirely, I guess we’ll see how that goes). And with this new plan in place, Alberta premier Rachel Notley can come to that First Ministers meeting later today and have something to put on the table, which may indeed help to put pressure on other lagging provinces to start making changes they may be hesitating to do. Jason Markusoff has more on the Alberta plan, and the questions that it raises.

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Roundup: Waiting for details on Tuesday

As things are being finalised, the government has said that they will announce the final details for the Syrian refugee plan on Tuesday – including full costs – leaving some to wonder about the government’s communications strategy throughout the whole thing so far. It’s true that in most cases, the ministers ‘ offices still haven’t been staffed yet and it’s making it difficult for them to effectively handle their media requests. It’s also worth asking if it’s entirely fair to criticize them for waiting until there were actual announcements before they went ahead and announced them, instead of giving a bunch of half-answers that could change because things haven’t been finalized. John McCallum did note yesterday that many of the details that have been leaked to the media are outdated, so as to manage the expectations around them. It does seem a bit odd to be demanding answers that don’t exist yet, or that to keep harping on the self-imposed deadline rather than to acknowledge that there is a process being followed – and one that has been relatively transparent in terms of what we’ve come to expect over the past decade, where you have ministers talking almost daily about aspects of what’s going on, where we can see the heads of CSIS and the RCMP meeting with said cabinet ministers and talking to the media about issues related to the refugees (including giving blanket reassurance that no, the security screening is not an issue despite what concern trolls may say), and where we can see the tenders going out as the military looks to rapidly winterize some of their facilities. All of this is being done in the open. Do we have all of the answers right now? No. But we have constant updates as to process and as of Friday, a date when the answers will be given. That’s not something we would have seen from the previous government, so it’s worth giving credit where credit is due.

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Roundup: Concern trolling on bombers and refugees

In the wake of Friday’s attacks in Paris, and Trudeau’s trip to the G20 in Turkey, we seem to have been inundated with a whole lot of calls to carry on the bombing mission in Iraq and Syria, coupled with all manner of concern trolling from Conservative MPs and others to slow down on the refugee pledges for “security screening,” never mind that there have yet to be any verifiable links between the attackers and any actual refugees from the region. (Most of what we’ve heard has been about homegrown attackers, along with a couple of passports of dubious authenticity). Michael Petrou makes the case that keeping up the fight against ISIS with the bombing mission is evidence-based policy (plus has a video of Syrian refugees in France here), while Terry Milewski gives a look at what the mission has accomplished to date, and notes Canada’s participation in some recent victories in the region. Wesley Wark says that the aftermath of Paris shows that Canada needs to up its intelligence game. After sparring with Jason Kenney over the Twitter Machine, Paul Wells lays the smackdown on Conservatives doing backseat ministering without actually looking critically at their own policy – which is still being enacted in the region – while they second-guess what the voters decided pretty clearly on October 19th. (And it’s an amazing piece that you really must read).

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Roundup: The problem with paper candidates

Yesterday, the quixotic Jean-François Party released a rare bilingual statement to decry the use of “paper candidates,” citing a case of a Green candidate from BC who had never visited the riding he or she is contesting in Quebec. If there was to be a cautionary tale around the use of paper candidates, it should have been with both the NDP in the 2011 federal election, and more recently in the Alberta provincial election. In both cases, paper candidates accidentally got elected in popular “waves” where it was clear that the voters of Quebec and Alberta were motivated to vote for the party for their particular reasons (affection for Layton in 2011, anger with the Progressive Conservatives in Alberta this year). In both cases, some less than stellar MPs/MLAs were accidentally elected – one of them, incidentally, joined the Jean-François Party. While Jean-François Party co-founder (and now party president and candidate) Jean-François Larose was one of those NDP MPs who was part of the sweep, then-fellow NDP MP Manon Perreault was an example of how a paper candidate turns out to be trouble. Over the course of the 41st parliament, Perreault was charged and convicted of criminal mischief when she falsely accused an assistant of theft, and was also later investigated by the RCMP for problems with travel claims expenses (though I’m not sure we heard the outcome of said investigation). Nevertheless, she was turfed from the NDP caucus during her trial, and after the writ dropped, she joined the Jean-François Party. So really, that the party is now coming out against paper candidates when their very existence is dependent on the victory of such candidates is curious. The problem, however, is that the parties have an incentive to create these candidates, and that incentive is that running full slates, regardless if those candidates have ever been to those ridings or not, allows them to claim the maximum spending cap. Hence, as especially in Quebec in 2011, ridings which barely had NDP riding associations all accepted the “nominations” of those paper candidates which included Ruth Ellen Brosseau and the McGill Four, because the NDP wanted their spending cap. So what to do about it? It’s a sticky situation because it would seem the answer is to remove the incentive of the spending cap, but how does one enforce that the candidates have actually been to the riding, or are actually campaigning? Do we really want Elections Canada to become an intrusive body to not only poke their heads into the party nomination process and to check up on those candidates in the ridings? It’s hard to say. I do think that paper candidates are an affront to our democratic system, but without turning Elections Canada into Big Brother, I’m at a loss as to a workable solution.

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Roundup: Resurrecting the “barbaric” issue

Not content to ratchet up the niqab issue alone, the Conservatives decided yesterday to go full-on culture war, and dredge up their Zero Tolerance for Barbaric Cultural Practices legislation from the previous parliament, and not only tout what it does (almost all of which is duplicative and unnecessarily antagonistic), but they added the promise of setting up a “tip line” for when people suspect these “barbaric cultural practices” like child brides, polygamy or female genital mutilation are taking place. Never mind that there’s already a tip line in place – it’s called 911 – it seems ripe for reporting on neighbours as a general xenophobic policy that ties up police resources that are already stretched thin. While the Twitter lit up with an attempt to turn the #BarbaricCulturalPractices into an exercise in sarcasm, there are more serious issues underlying the Conservatives’ use of the word. Back when the bill was being debated, Senator Mobina Jaffer, herself a Muslim woman and a lawyer, utterly dismantled the bill from its use of the loaded term “barbaric” to its hypocrisy in targeting polygamy by foreigners but not the community of Bountiful in BC, to the way in which it actually denies the protection of those who were forced into marriages, to the way in which the government improperly uses the defence of “provocation” to try and make a point about honour killings. It’s a masterful bit of legislative scrutiny that deserves to be read again in light of what the Conservatives are trotting out for electoral gain, and in order to put the whole issue into proper context. (That it also demonstrates the value of the work that senators can do its an added bonus).

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