Roundup: A milestone Pride

Though he had committed to it long before the shootings in Orlando, there was a particularly importance to the visibility that Canadian political leaders brought to Toronto Pride this year, and for the first time, a sitting Prime Minister marched, alongside an openly lesbian Ontario premier. For the first time, the Conservative party leaders, both federally and provincially marched, along with leadership candidates Maxime Bernier, Kellie Leitch, and Michael Chong (and Lisa Raitt, should she decide to throw her hat into the ring). Absent however was outgoing federal NDP leader Thomas Mulcair, which is unusual considering how the NDP generally pride themselves on being at Pride. And yes, Elizabeth May was there for her tenth year in a row as well. This year, being in the shadow of Orlando, was a reminder that yes, Pride is political, and the actions of Black Lives Matter Toronto added to that politicisation (make of their tactics what you will). That you had the entire political spectrum in Canada represented for the first time was a milestone worth noting.

In a place where a Pride parade really matters, one happened in Steinbach, Manitoba, after much pushback from the local political leaders, in a place where openly gay and lesbian people have literally been run out of town by harassment and bullying. Visibility is important, particularly in these smaller towns where ignorance and fear go hand-in-hand, making the need to be visible all the more important, lest nothing change.

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Roundup: Another incoming mass appointment

The government’s permanent Senate appointment board is set to get underway “within days” to get to work on filling the remaining 19 vacant Senate seats, but if you listen very carefully, you can hear my alarm going of that the way they appear to be planning to do this is a Very Bad Idea. Specifically, it certainly looks like the plan is to appoint all 19 in one fell swoop by the fall, and I cannot stress enough how much of a really, really bad thing this is. It’s like nobody learned any of the lessons from the glut of 18 panic appointments in 2008, and how badly that stressed the Senate in its ability to absorb that many new members at once, and the fact that it had a negative effect on their independence because it meant that the government at the time pretty much controlled them and exercised a heavy whip hand because there wasn’t time to let them integrate at their own pace. The seven appointments made this spring, without a government or caucus to guide them, put them on a steep learning curve and left them with little in the way of logistical support for setting up their offices, which isn’t exactly ideal either. That Peter Harder has now created for himself a new quasi-whip (ahem, styled “government liaison”) that has the capacity to help them with some logistics issues, barring the Independent Working Group being in a position to offer that support as well if they are in a position to do so, may wind up being one less stressor for the individual appointees, but that still doesn’t neglect the fact that mass appointments are bad for the system. Because of the nature of the Senate, it works best when individual vacancies are filled as they happen, and that those new senators gradually get up to speed, given the unique way that the chamber operates, and that really is a process that can take two or three years to get fully into it. But the government sitting on the appointment process as long as it has, in order to do these appointments in one fell swoop, is a problem, and it’s yet another problem of their own making, which is a consistent pattern when it comes to the Senate. It’s one thing I hope that does come out of this Federal Court challenge to Senate vacancies – that there is a declaration that sets a time limit for when vacancies must be filled, so that it cuts down on future mass appointments, on top of ensuring that those regions have their proper representation as they are guaranteed under the Constitution, because yes, these things do matter.

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Roundup: Duffy expenses redux

Because it’s never over, the saga of Mike Duffy’s illegitimate expenses are back in the news as Senate Administration is demanding that he repay some $16,955 in expenses claimed improperly that were paid for using his third-party contract with Gerald Donohue. And, wouldn’t you know it, Duffy’s lawyer is raising a huge fuss saying that the judge in the trial already declared that these were okay – something senators dispute, saying that just because they were not deemed criminal it doesn’t mean that they were okay, particularly when these expenses were not allowable and that the third-party contract was used to go around the approval process. (Duffy’s lawyer, incidentally, is also hinting that they will demand back pay for the suspension, to the tune of $155,000). But this is where the particular nature of the Senate comes into play, which is that it’s a self-governing body that is protected by parliamentary privilege, and it needs to be in order to safeguard our democratic system. In governing its own affairs, it is allowed to enforce its own rules (which, it bears reminding, do and did exist no matter what Bayne tried to argue in trial). And it is also empowered to enforce its own discipline, which is what the suspensions were related to – not a determination of criminality or a reflection of it, but rather that Duffy (and Wallin and Brazeau) had brought disrepute onto the Chamber and an example needed to be made. Is it fair? Possibly not, but this is also politics. Bayne raised the straw man argument that the 29 other senators whose expenses were flagged by the Auditor General weren’t suspended, which is a ridiculous argument considering that a) Duffy was not part of that process at all; and b) they ensured that there was a resolution process that ended in repayment one way or the other, so nobody was seen to be escaping justice. I don’t think Bayne will find much truck in the courts if he wants to press the issue around Duffy’s suspension or the fact that they are demanding repayment for expenses that clearly were not allowed, but it seems that we may be subjected to more drama around this, possibly for years if they take the matter as far as the Supreme Court of Canada.

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

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

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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QP: Genocide and refugees

Despite it being Thursday, there were no major leaders in the Commons today, which is a disappointing slide back to the poor attendance record of the previous parliament. Denis Lebel led off, referencing their opposition motion on calling ISIS a genocide and demanded support for it. Pam Goldsmith-Jones responded with the government line that the declaration is not a political one but a legal one, and it needed to have the endorsement of the International Criminal Code. Lebel moved onto the possible sole-sourcing of Super Hornets, for which Harjit Sajjan reminded him that the Conservatives were about to sole-source the F-35 fighters, while he had not yet made a determination. Lebel demanded a transparent process, and Sajjan reiterated that no decision was made. Andrew Scheer accused the government of playing politics with military equipment, and Sajjan snapped back that he has been in combat. Scheer then returned to the declaration of ISIS as a genocide, and Goldsmith-Jones repeated her previous answer. Peter Julian led off for the NDP, calling out the government on C-14’s constitutionality, and Jody Wilson-Raybould insisted that they came to the right balance. Julian and Ruth Ellen Brosseau said that the Senate was making the amendments that they had proposed, and to Julian, Wilson-Raybould repeated her answer while Jane Philpott responded to Brosseau that she hoped the Senate would pass it. Brosseau repeated her question in French, and Philpott reiterated that she hoped the bill would pass expeditiously.

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QP: Shifting focus to fighter jets

After the big “family photo” on the steps of the building this morning, and a speech marking the 150th anniversary of the legislature of Canada meeting on Parliament Hill, we got into the business of the day. While Trudeau was on the Hill in the morning, he was on his way to Toronto and absent from QP today. Rona Ambrose led off, mini-lectern on neighbouring desk, and asked about measures to bring Yazidi girls to Canada as refugees. John McCallum noted that refugees are prioritised based on need as determined by the UN, and that he was proud of their record. Ambrose turned to the question of fighter jets, and wondered why they would get new jets if they didn’t use the ones we have to fight ISIS. Harjit Sajjan noted that that he had received a briefing on the mission in Iraq, but didn’t really answer. Ambrose listed off the sins of Liberal procurement past, and wondered how this time would be different. Sajjan retorted that the previous government cut $3 billion from the defence budget. Denis Lebel was concerned about pulling out of the the F-35 programme and how that would affect the aerospace industry in Montreal, and Sajjan noted that no decision had been made. When Lebel tried to press about the other allies who had adopted the F-35, Sajjan noted that they were not fully operational and they were taking the time to make the right choice. Thomas Mulcair led off for the NDP, asking about a statement that Senator Pratte made about the need to pass C-10 quickly. Marc Garneau said there was no deal, but this was about avoiding future litigation. Mulcair wanted assurances that there was no deal, and Garneau plainly stated there wasn’t one. Mulcair turned to tax havens by KPMG, and Diane Lebouthillier noted that there were investigations and court cases ongoing. Mulcair said that if it was in the courts it would be public, but pivoted to the Super Hornets and sole-sourcing. Sajjan repeated that no decision was made.

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Roundup: Further conversations on constitutional conventions

In response to my blog post yesterday on the our unwritten portions of our constitution being just as important as the written parts, I had a lot of response over the Twitter Machine, many trying to argue that parties were not an integral part of the system, but historian Christopher Moore took the time out to chastise me for the use of the term “constitutional conventions” when it comes to Responsible Government. But the problem is that Moore is actually wrong in what he tried to argue. To wit:

Smith should look at Section 54 of the Constitution Act, 1982, which sets out in plain language that only the cabinet can make and propose the raising and spending of money. That is what defines the role of the cabinet of ministers. It budgets; it plans the getting and spending.  But then there is Section 53, which bluntly states that only the House of Commons can give approval to the cabinet’s proposals for getting and spending.

A few problems with this. First of all, he’s citing the Constitution Act, 1867 and not 1982, and looking at Section 54, there is no mention of cabinet at all:

It shall not be lawful for the House of Commons to adopt or pass any Vote, Resolution, Address, or Bill for the Appropriation of any Part of the Public Revenue, or of any Tax or Impost, to any Purpose that has not been first recommended to that House by Message of the Governor General in the Session in which such Vote, Resolution, Address, or Bill is proposed.

As is consistent in our constitution, there is no mention of a PM, or cabinet, because they are part of Responsible Government, which as I pointed out yesterday are part of the unwritten conventions that we inherited from the UK. As is consistent with the rest of the written constitution, only the Governor General is mentioned. And here’s the kicker: the unwritten constitutional convention is that under Responsible Government, the Crown – by way of the GG – acts on the advice of ministers, and for that to happen, ministers must hold the confidence of the Chamber. Ministers via the convention do all executive government in the Queen’s name. It’s not written because it’s a convention, per the preamble, as a constitution being similar in principle to that of the UK. Moore’s contention that it’s not a convention and that it’s embedded in the text does not hold. So while I’m happy to be corrected when I get it wrong (and it happens), this is not one of those times. Also, if you’re going to quote the constitution at me, then quote the constitution. And as for those people on the Twitter Machine insisting that Responsible Government can function without parties, well, it’s possible in a theoretical world with vampires and unicorns, but it will never happen in real life, so trying to disprove it to make a point is pretty much moot. The practice of parties developed for a reason. Maintaining confidence without them is a fool’s errand.

With many thanks to Philippe Lagassé for talking this issue through with me.

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QP: In other news…

It was very nearly a full house for QP, including all of the leaders. Rona Ambrose led off, mini-lectern on neighbouring desk, once again demanding an electoral reform referendum. Trudeau said that he did trust Canadians to discuss complex and nuanced issues, which was why he wanted an open consultative process. Ambrose switched to French to lament the current government’s understanding of the military and his choice in the Super Hornets. Trudeau in turn lamented the sorry state of the Forces left by his predecessors and their botched procurements. Ambrose asked again in English, and got the same answer. Denis Lebel was up next, decrying the lack of progress on a new softwood lumber agreement. Trudeau responded that the previous government neglected the file, focusing fruitlessly on pipelines that went nowhere. Lebel disputed Trudeau’s characterisation, but Trudeau insisted they immediately sought to restore positive relations with the Americans to better deal with these irritants. Thomas Mulcair was up for the NDP, and listed off the opposition to C-14, and Trudeau called the bill an “important step” but that it struck a balance with the protection of the vulnerable. Mulcair insisted it was as false choice, and accused the government of behaving exactly like their predecessors. Trudeau begged to differ, noting the Conservatives ignored the issue, and he praised the work to date. Mulcair demanded that the government at least take amendments from the Senate, and Trudeau said that he looked forward to what the “newly independent and less partisan” Senate would bring forward. Mulcair accused the bill of going against the Charter, and Trudeau reiterate the balance being struck.

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QP: Memories of Dion positions past

After the revelries of the weekend, most everyone was present, except Thomas Mulcair. As he so colourfully put it at the Gallery Dinner, he really doesn’t care anymore. Rona Ambrose led off, and immediately laid into the referendum question. Justin Trudeau reminded her that the majority of Canadians voted for parties that wanted change, and that he looked forward to the strong voices that would be heard on the committee. Ambrose raised the issue that Stéphane Dion said in 2012 that a referendum would be necessary on electoral reform, and Trudeau said that they needed committee consultation on such a complex question. Asking again in English, Trudeau gave a more impassioned defence of a robust consultative process. Alain Reyes made the demand for a referendum again in French, and got much the same response. Marjolaine Boutin-Sweet led off for the NDP and raised the Liberal Senate leader who did not agree with C-14, and would the government listen to him. Trudeau pointed out that there was no greater endorsement of their reforms to the Senate than the NDP endorsing senators’ work, and then basically admitted that the bill would come back to the Commons with amendments. On a follow-up in French, Trudeau again said that they would look forward to amendments. Murray Rankin took over, raising more objections to the bill, and Trudeau kept saying that they consulted widely and looked forward to the bill coming back.

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