Conservative-turned-independent Senator John Wallace is asking questions around the decision to withhold Senator Mike Duffy’s salary to repay inappropriate expenses that were uncovered as part of his court case, and in particular, whether the Internal Economy Committee’s three-member steering committee has been exceeding its authority in making decisions without the full committee signing off. The steering committee after all is supposed to be limited to some administrative matters, but in cases of “emergency,” they can do more. So was this an emergency? There is the argument that the decision was made over the summer when the full committee could not meet, and it was in accordance with rules laid out as part of the broader expenses issue and dispute resolution process, which Duffy did not avail himself of, his lawyer insisting that he was “fully exonerated” by the judge in his court case (which is not what the judge said, but rather that what he did simply didn’t meet the threshold of being criminal, and yes, there is a vast difference). With a case as high-profile as Duffy’s, the fact that inappropriate expenses have been flagged meant that the appearance of doing something about recovering those expenses was a very real consideration for the continued public legitimacy of the institution whose reputation has taken a beating, and letting Duffy get away with those inappropriate expenses would continue to damage the institution in the eyes of the public. But, that having been said, was this a decision that could or should have waited for the full committee to decide up on in the fall, and is this a case of procedural unfairness or worse, of a lack of any kind of due process, as has happened on more than one occasion as this whole expenses issue has reared its head? I’m not sure, but it does bear asking. I do think that something needed to be done to address the issue in a timely manner because the Senate has to rebuild its public image after senators like Duffy have done so much to muddy it, but whether what happened was right, well, that’s not a question I can answer.
Tag Archives: Supreme Court
Roundup: No, it’s not cash-for-access
This latest round of pearl-clutching over political fundraising is reaching its fever pitch in a most tiresome way possible, and I’m losing all patience with it. Determined to try and label it “cash-for-access” in order to tie the story in with the gross lack of fundraising rules that existed in Ontario, and the very dubious practices of the government there of having ministers essentially asking for donations from companies lobbying them, what’s going on at the federal level is nothing like that at all. However, bored journalists are drawing lines on between people who are attending or organizing fundraisers and lobbying activities, despite everything being reported and above board, are going “Look! Look! Smell test!” But I’m having a really, really hard time buying this. Likewise with opposition parties going “Sure, it’s in the rules, but Trudeau’s letters said that nobody should have the appearance of conflict of interest and this has the appearance!” No, it actually doesn’t. Just because you say it does, it doesn’t mean that there’s a problem.
I’m trying very hard not to come off as some kind of an apologist, but for the love of all the gods on Olympus, we have a really, really clean fundraising system with clear rules, and it shouldn’t bear repeating (and yet here we are) that you can’t buy influence for $1500. You just can’t. Sure, you might get to meet a minister, but what is that going to get you? You think they’re going to engineer a special loophole in the law for your company because you donated $1500 to their party – registered through Elections Canada, and the lobbying registry? Honestly? And it’s not like there aren’t a hundred other consultations that you could offer your suggestions to a minster or their staff with, because as we know, this government loves to consult. And further to that, are we actively trying to insist that no minister should ever fundraise because, well, “smell test” or “appearance.” Give me a break.
Meanwhile, we get inundated with everyone giving their “solution” to this, whether it’s returning the per-vote subsidy as Susan Delacourt suggests here, or if it’s Duff Conacher howling in the corner that we should adopt the Quebec donor limits of $100 (ignoring that limits that are too low means that money starts getting funnelled in other ways). But maybe, just maybe, we should all take a deep breath and realise that the more we get hysterical about this perfectly above-board fundraising in a clean and quite transparent system, it’s that we’re turning it into some zero-sum game. If we keep inventing scandal, shouting “smell test!” and “appearance!” when no, a reasonable and rational look at the situation shows that there isn’t actually a problem, we’re going to wind up giving excuses for parties to start hiding these activities. To paraphrase Rick Anderson on last night’s Power & Politics, there’s only a perception problem around this fundraising because people are throwing mud. It’s time to stop throwing mud and be grown-ups about it. This isn’t cash-for-access. $1500 is not buying influence. Stop lighting your hair on fire.
https://twitter.com/jec79/status/791117661476388866
Roundup: Chong’s plans are a start
While new Conservative leadership candidate Steven Blaney decided to come out swinging with a niqab ban policy designed to appeal to those Quebeckers still hot for the idea and to give Kellie Leitch a run for her money, Michael Chong also came out with some policy yesterday morning – much more modest policy in line with how he thinks he could start to change parliament for the better if he were party leader. Because it’s not big policy pronouncements, it’s more in keeping with the kinds of things that leadership candidates should be focusing on, but that said, there are a few problems with what he laid out. I tweeted some of those concerns earlier, but I’ll elaborate a bit more.
Not sure about some of Chong’s proposals. Some, like the veto, are necessary but needs to be done right. He didn’t with his Reform Act. 1/ pic.twitter.com/eX1lsZ9zJZ
— Dale Smith (@journo_dale) October 24, 2016
So yes, Chong made a valiant attempt at doing this with this Reform Act, but it got so watered down in his amending the bill to get it passed that it rendered it useless, and the veto went from the party leader to their designated surrogate. This is a promise that is more difficult than it sounds because there does need to be a quality control mechanism in place (which is why it was introduced in the first place), but it also needs to be arm’s length from the leader, and Chong’s previous proposals for such an officer didn’t fly. He’ll need to try and thread this needle much more carefully going forward.
I’m not sure the point of free registrations. Most fees aren’t onerous and if they are, parties should address that on their own. 2/
— Dale Smith (@journo_dale) October 24, 2016
This one bothers me a fair deal because it’s buying into the nonsense that the Liberal Party has been spreading with their reforms to their party constitution. They claim it’s about “modernizing” the party structure and making it more responsive, but it’s more about populating databases, so that when they come out with top-down policy pronouncements, they can use their Big Data approach to justify anything. If other parties want to simply populate their own databases to target or micro-target policies even more that the Conservatives did during their decade in office, this isn’t actually good for democracy, and it’s not actually good for the grassroots. You don’t have people who are quite literally buying into the process (thus putting some skin in the game) and having an interest in their responsibilities as members when it comes to policy and nominations. It devalues membership, and I do think that’s a problem.
Changes to the Senate Speaker is a constitutional issue, and there are real implications for letting senators choose Government Leader. 4/
— Dale Smith (@journo_dale) October 24, 2016
The fact that Carignan and now Harder are not cabinet ministers (but still in PC) is simply peevish optics. Not something to continue. 6/5
— Dale Smith (@journo_dale) October 24, 2016
Promising reforms to the way the Senate operates while billing this as part of a package of giving power back to the grassroots is curious, but I’ll run with it only so far as to say that Chong shouldn’t actually be trying to out-Trudeau on this. Trudeau has put some things in motion that are not actually for the better, be it centralizing power in his own caucus, or trying to weaken the accountability role of the Senate, while his current “representative” there is trying to upend the whole system so that he can be the true bureaucrat that he is and empire-build, co-opting the whole burgeoning independent system for his own ends. Chong not grasping the constitutional role of the Senate Speaker, or the role of the Government Leader under Responsible Government is worrying, and I do feel like he should know better and not just try to play the reform-for-the-sake-of-reform card. That becomes a very dangerous thing under our system, especially because the system is not broken, so we should stop trying to break it while insisting on fixing problems that don’t actually exist.
QP: The menace of millionaires
Despite it being Thursday, there were no leaders present in the Commons today (save Elizabeth May), Justin Trudeau at an Amazon fulfilment centre opening in the GTA, and the others, well, elsewhere. Denis Lebel led off for the opposition, decrying the government not respecting provincial jurisdiction regarding healthcare, and Jane Philpott immediately hit back that the previous government didn’t much care for the file and they were making investments. Lebel asked again in English, and Philpott noted that previous investments did not transform the system as was necessary, which they were engaged in. Lebel then moved onto that Bill Morneau fundraiser in Halifax, and Bardish Chagger stood to take that bullet, assuring him that all rules were obeyed. Candice Bergen took over, decrying the appointment to the Port Authority one of the attendees. Chagger repeated her answer in English, and Bergen took her through one more round of the same. Murray Rankin led off for the NDP, his first time as their new House Leader, and he carried on the same line of questioning. Chagger’s answer didn’t change, leaving it for Brigitte Sansoucy to ask again in French, no avail. Sansoucy moved onto the investments in mental health, to which Philpott insisted that this was not a political issue but one of a responsibility to Canadians and ensuring that the investments translated in better access to care. Rankin asked the same again in English, and Philpott responded with an edge in her tone, assuring him that she does not play politics with mental health.
Roundup: A new Supreme Court appointment
The government announced their new pick for the Supreme Court of Canada, and lo and behold, it’s Justice Malcolm Rowe of the Newfoundland & Labrador Court of Appeal. It’s a little unexpected considering what they were signalling in terms of looking for more diversity on the bench, but they managed to find a bilingual justice in Newfoundland & Labrador, and they get to pat themselves on the back for making the first appointment to the top court from that province, so they’ve made history! Also, they’ve respected the constitutional convention around the regional composition of the court, and for that, the Conservatives have declared victory – because it was totally their non-binding supply day motion that forced the government’s hand! (Also, appointment panel head Kim Campbell seemed pleased that this was the choice from the short list that they submitted).
The very best official opposition tactic: declare victory with decisions that almost certainly had nothing to do with their criticism. pic.twitter.com/RkVYo1q80a
— Dale Smith (@journo_dale) October 17, 2016
Smiling to think of joy in Newfoundland & Labrador over Justice Malcolm Rowe's appointment to the Supreme Court of Canada! Congratulations!
— Kim Campbell (@AKimCampbell) October 17, 2016
So Atlantic Canada is happy, and the government is making a big deal out of its new process including transparency by publishing the application form that Rowe submitted with his answers to a number of questions around his thoughts on significant decisions that he has been a part of, and his thoughts on the role of the judiciary in the legal system, which is unprecedented. As well, next week both the justice minister and Campbell will face a parliamentary committee to explain their choice (thus preserving the committee role of holding cabinet to account), to be followed by a Q&A session with Rowe to be led by a law professor with both MPs and Senators asking the questions. So transparency without devolving into an American-style “confirmation” process. At this rate, Rowe should be on the top court by early November, which means he’ll have missed about half of the fall session of the court (which isn’t as bad as the vacancy issue caused by the Nadon appointment where the court sat 8 in a number of cases). Of course, Rowe’s answers are already provoking some criticism, though it’s not necessarily shared by all members of the legal community. (Incidentally, you can see Carissima Mathen’s Power Play interview on the appointment here).
https://twitter.com/cmathen/status/788201168585560064
So what of the signals the government was sending that they wanted an Indigenous judge, preferably a woman? Well I do think reality did set in when they faced pressure from their Atlantic caucus and the premiers to ensure that the seat remained an Atlantic one. It may well have been them floating a trial balloon about abandoning the convention, but it may also have been a warning. There are two more seats opening up in the next few years (barring deaths or retirements), being Chief Justice Beverley McLachlin (a Western seat) and Justice Rosalie Abella (an Ontario seat), and in both of those cases, the government is saying to the legal community that there had damn well better be some more diverse, bilingual candidates ready to fill those seats when the time comes – something that was more difficult to find in Atlantic Canada owing to their demographics. We’ll see in the next few years, of course, but I think the warning has been delivered.
Roundup: Anxiety and resentment
As the United States continues to be subjected to demagoguery in their electoral gong show, Bill Morneau is warning about “canary in the coal mine” that Trumpism is representing, which can be echoed in other places with the Brexit vote or the rise of Bernie Sanders on the left in the US. Morneau attributes it to anxiety and resentment over the belief that globalisation is not benefitting the majority of citizens (never mind that $400 flat panel televisions are totally not the benefit of global trade, but just a coincidence. Oh, wait…) Morneau pegs his solutions in terms of what his government is doing with their “inclusive growth” agenda, and mentions their higher taxes on the one percent in order to pay for the enhanced child benefit payments and their plans to overhaul the CPP, along with infrastructure spending, but it seems to me that it’s only half the battle, and that we need some greater financial economic amongst the general public to see just what the benefits of global trade are, and that they’re not just benefitting the super-rich.
We need talk about things like the “Iowa car crop” to educate people about how trade benefits them in ways that they don’t think about – like hey, food prices are at something approaching an all-time low thanks to trade, and cars and electronics continue to fall in price and we have devices nowadays that would be considered magical just a few decades ago, at price points that are unimaginable for their complexity. But none of this fits into the narratives of resentment that people stoke for political benefit, and that’s a problem. It’s also a problem with that narrative is used to fuel anti-establishment sentiments that only serve to poison the well against the way governments function, and that’s going to start biting back in a very big way before too long in the States, as people demanding wholesale dismantling of the state start reaping what they’ve sown – particularly as it comes wrapped in Trump’s message and his attempts to delegitimise the results of the election before they’ve happened already. It’s a dangerous game that they’re playing, and it needs to be stopped, but anyone who does is “biased” and “protecting the status quo,” and where do you go from there? I wish I knew.
Roundup: Modernization beyond cameras
The Senate’s modernization committee came out with their first report yesterday that had 21 recommendations, almost all of which were fairly common-sense, but wouldn’t you know it, the only one that most media outlets glommed onto was the one about broadcasting Senate proceedings, never mind that it was pretty much always the plan to do so once they moved to the new chamber in 2018 (as it was too expensive in the current one given the maxed out infrastructure). Other recommendations that caught the mainstream attention were developing a mechanism to split up omnibus bills, giving a more proportional role for non-aligned senators on committees and coming up with a modified way of selecting the Senate Speaker (in a rubric that doesn’t require constitutional amendment) were also up there, while Kady also clocked the recommendation on ensuring that they recognise any group over nine senators that wants to organise themselves as a caucus or parliamentary group that can choose its own leader, and that those groups can have access to sufficient research dollars.
Less publicised were the number one recommendation of a mission statement for the Chamber to guide its activities in the Westminster tradition, finding ways to reorganise its Order Paper and Senate Question Period to not only formalise inviting ministers but also Officers of Parliament (but I’m less keen on reducing it to two days per week to give the “Government Representative” a break – if he wants the salary, he should keep up with the workload). The Independent Working Group says they’re mostly happy with these changes, but want more assurances of representation on key committees like Senate Rules and Internal Economy, where they need to have the actual power to break up the duopoly that currently exists between the established parties, which is fair.
What the report does not say is that parties should be eliminated, and in fact goes out to specifically say that the institution functions within the Westminster model, which includes government and opposition roles, and nothing in that report is intended to assume or advocate for the elimination of those roles, and that’s important. Opposition is important for the practice of accountability, and that’s something the Senate is very good at providing. There will be more reports and recommendations to come, and I’ll have more to say in the coming days, but I’m heartened to see that there is a commitment to preserving these key features, rather than to blow them up in the continued kneejerk allergy to partisanship that currently grips the imagination of would-be Senate reformers.
QP: Carbon tax woes
While Rona Ambrose was still away, we had both the PM and NDP “interim” leader Thomas Mulcair present for the day. Denis Lebel led off, decrying federal interference with the provinces with the imposition of their carbon tax. Trudeau insisted that they were working with the provinces to move ahead with tackling emissions. Lebel switched to English to ask again, and got much the same answer, with Trudeau making a few more digs about the previous government not being willing to work with provinces. Lebel went another round in French before Ed Fast took over to ask the same question yet again in English, concern trolling about the three provincial environment ministers who walked out of the meeting with federal ministers. Trudeau largely repeated his points about working with the provinces to create a strong economy and a clean environment. Fast read out condemnation from those ministers, and Trudeau ensured him that their plan would create jobs. Thomas Mulcair was up next, decrying the endorsement of “Stephen Harper’s targets,” and lamented the too-low carbon price. Trudeau replied with his established points about showing leadership in creating jobs and protecting the environment. Mulcair asked again in French, got the same answer, and then moved onto concerns about the Canadian Nuclear Safety Commission in the wake of the Environment Commissioner’s report, to which Trudeau said they would follow up on the recommendations. For his final question, Mulcair demanded that the government agree to the NDP motion on a committee on arms sales, but Trudeau did not agree, and pointed to their adopting the small arms treaty.
Roundup: Trudeau plays hardball
Yesterday was the day that Justin Trudeau decided to start playing hardball. Under the backdrop of the debate on ratification of the Paris Agreement on GHG emissions, he dropped the hammer on a minimum national carbon price, starting at $10 per tonne in 2018, rising to $50 per tonne by 2022, and provinces would keep the revenue with the intention that it be revenue neutral, so as not to ensure this is a federal “tax grab.” Any province that doesn’t comply will have the price imposed and the revenues returned to them. Stéphane Dion feels vindicated by this development, incidentally. Oh, and Trudeau probably isn’t going to meet with the premiers about their demands around the health transfer escalator either.
https://twitter.com/Geddes28/status/783000372730298370
Some of the provinces were immediately incensed. At the environment ministers’ meeting in Montreal, ministers from Saskatchewan, Nova Scotia and Newfoundland and Labrador walked out of the meeting, and true to his diva self, Saskatchewan Premier Brad Wall declared the “level of disrespect” to be “stunning” – never mind that Trudeau has been telegraphing this move ever since the Vancouver premier’s meeting. Alberta, incidentally, whose own plans surpass Trudeau’s, say that they won’t support it unless there’s a commitment for more pipelines, while Manitoba is non-committal for the moment. (Other provincial positions here).
https://twitter.com/emmmacfarlane/status/783133654050541569
https://twitter.com/emmmacfarlane/status/783134550151065600
Brad Wall, for his part, is threatening to take the government to court over carbon pricing, but it’s not likely to get anywhere.
https://twitter.com/cmathen/status/783058718438981632
In terms of analysis, economist Trevor Tombe reminds us why pricing carbon is the most effective market mechanism to deal with climate change, while John Ivison says that Trudeau may have outsmarted his opponents, and Andrew Coyne notes the one-sidedness of any federal-provincial negotiations.
QP: Taking the provinces’ phone calls
While Justin Trudeau was not only present, having already participated in the debate of the day (a rarity for any PM these days), his leaders opposite were not. Rona Ambrose was off to the UK Conservative caucus in Birmingham, while Thomas Mulcair was elsewhere. Denis Lebel led off for the Conservatives, demanding a signed softwood lumber agreement before it was too late. Trudeau responded by reminding him that the previous government neglected the file while his government has been hard at work in negotiations. Lebel moved onto the healthcare transfers file, demanding the government respect provincial jurisdiction, but Trudeau shook it off, ensuring that they were working together. Lebel insisted that there was peace with the provinces when the Conservatives were in charge and why wouldn’t the federal government just let them be rather than meddle? Trudeau insisted that the provinces were much happier now that the federal government answered their phone calls. Ed Fast got up next to decry the “carbon tax grab” being shoved “down the throats” of Canadians. Trudeau hit back that the previous government ignored the file and made no progress, while his government was. Fast tried again, decrying it as an intrusion on provincial jurisdiction, but Trudeau reminded him that they were indeed respecting said jurisdiction. Robert Aubin led off for the NDP, lamenting the “Harper targets” for GHGs, and Trudeau noted that they had just tabled their plan, and soon all Canadians — not just 80 percent — would be in a carbon priced jurisdiction. Aubin went again another round, got the same answer, and Linda Duncan took over in English, decrying that the announced starting carbon price was too low to be effective. Trudeau noted they were simultaneously developing a strong economy while being environmentally sustainable. Duncan worried the government was abandoning the clean energy future, but Trudeau reiterated his answer a little more forcefully.
Jane Philpott takes exception to Lebel's characterisation of her handshake with her counterpart from Quebec as being "frosty." #QP
— Dale Smith (@journo_dale) October 3, 2016