Tag Archives: Supreme Court

Roundup: Poisoning the expenses well

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With the story out yesterday morning about Rona Ambrose’s expenses claimed while staying in Stornoway, I think we’re starting to approach peak ridiculousness with the growing war over expenses, and accusations of poor judgment across the board. That the Conservatives have spent the past two days pushing a non-story about Dominic LeBlanc giving a speech at an event sponsored by a law firm with Irving connections, claiming poor judgment and a conflict of interest where clearly none actually exists (it’s not a fundraiser, no decisions are being made, it’s a speech, FFS), it’s desperation and grasping at straws.

https://twitter.com/robsilver/status/781902059440181249

https://twitter.com/RobSilver/status/781902332837687296

https://twitter.com/RobSilver/status/781902590615359488

The bigger problem, however, is the corrosive effect this continues to have, fuelling not only the cheap, petty outrage that voters are being encouraged to feel anytime government spends money, but it is starting to burn the very real bridges for why we have expense regimes in the first place.

https://twitter.com/aaronwherry/status/781863718799941632

Like Rob Silver above, Wherry may be exhibiting his trademark sarcasm, he’s got a point – we are rapidly approaching the point where We The Media have stoked such public opposition to legitimate expense claims by clutching our pearls at seemingly large numbers presented without context while crying “Judgment!” and “Taxpayers’ money!” that people are developing the wrong impression. We had NDP MPs last parliament declaring that if we’re to have senators, then they should all work as volunteers, and lately I’ve had jackasses barking at me on the Twitter Machine saying that senior political staff should also be volunteers. We’re half-a-step away from people demanding it of MPs.

Which gets back to the whole point of expense regimes in the first place – so that it acts as an equaliser, so that you don’t have to be inordinately wealthy in the first place in order to participate in political life, be it as an MP or senator (or senior political staffer, apparently). Do we really think it’s for the best that we return to an era where only the wealthy can afford to participate in political life and let them dictate policy for us? Or where a lack of an expense regime would encourage actual graft (as opposed to this nonsense we’re currently getting the vapours over with moving expenses and whatnot) from politicians to help make themselves financially whole from the expense of doing their jobs? Seriously, we need to grow up and stop poisoning the well because we don’t want to go where this road leads. Only certain doom lies that way.

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QP: More shovels in the ground

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Caucus day, and nearly a full house in the Commons as QP got underway. Rona Ambrose, mini-lectern on desk, was terribly concerned about 190 conditions attached to the Pacific Northwest LNG approval. Justin Trudeau reminded her that the last government’s cheerleading didn’t get them anywhere and they needed to do things differently. Ambrose demanded they get shovels in the ground, but Trudeau stuck to his points about sustainable development. Ambrose shifted gears and was concerned that the first round of deficit spending didn’t spend jobs, to which Trudeau praised the investments they were making in communities. Ambrose went for another round, and Trudeau insisted that the Conservatives didn’t learn the lessons of the last election, and they went one more round on the same question in French. Thomas Mulcair was up next, and he railed about the lack of consultation with local First Nations on the LNG project. Trudeau praised economic growth with environmental protection and they “folded in” the consultations. Mulcair decried that it was now impossible to meet GHG targets, to which Trudeau noted that they need to grow the economy while working to meet targets, so they are working with the provinces to do so. Mulcair wanted approval for their supply day motion for parliamentary oversight over arms sales, and Trudeau spoke instead about participating the arms trade treaty. Mulcair asked again in English, and got much the same answer.

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Roundup: Non-binding unanimous support

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Supply day motions – also known as opposition day motions – can be tricky business, and unless the opposition party that moves it isn’t careful, they can wind up giving the government a free pass on supporting said motions without fear of consequence. Never mind that the point of supply day motions is to debate why the government should be denied supply (and hence confidence), these have largely turned into take-note debates on topics of the opposition’s choosing. These free pass motions happened with surprising regularity in the previous parliament, with the NDP frequently offering up mom-and-apple-pie motions that the Conservatives would obviously support the intent of, despite never having the intention to follow through with substantive action on, because hey, the motions are non-binding, and why not look like they support the idea of the motion? And lo and behold, the Conservatives offered up just such a motion around the Supreme Court of Canada, imploring the government to “respect the custom of regional representation” when making appointments to that court, “in particular, when replacing the retiring Justice Thomas Cromwell, who is Atlantic Canada’s representative on the Supreme Court.” While I will quibble with their use of “custom” as opposed to “constitutional convention” (which it really is at this point), this was one of those motions worded just loosely enough that the government could vote for it (and it did pass unanimously, as these kinds of motions often do), and should they go ahead and appoint a non-Atlantic justice to the court, they have room enough to turn around and give some kind of a nonsense excuse like “Oh, we felt that such-and-such diversity requirement was more needed at this point,” or “we felt that the Atlantic nominees were insufficiently bilingual,” or what have you. Or, as the talking points have been turning to, they will point to the number of Atlantic nominees on the short-list and said that they got equal opportunity and were not prejudiced against or some such, and make the merit argument. Suffice to say, there is more than enough wiggle room, and for a party that was so recently in government, the Conservative should have known better than to word a motion in a way that the government can support and later wiggle out of. This having been said, the government has been under enormous political pressure from the premiers regarding this Atlantic seat, so it is not inconceivable that this as a step in walking back from having the nominations being too open, but that remains to be seen.

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QP: The Giorno angle

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With all of the leaders in the Commons today, the hope was that the show would be a little less awful than it was yesterday. On the whole, it was. Rona Ambrose led off, mini-lectern on desk, reading a plea that the government approve the Pacific Northwest LNG project, and Justin Trudeau dissembles about the choice between the environment and the economy. Ambrose lamented that too many pipeline projects were languishing and getting people back to work. Trudeau reminded her that their pipeline plans didn’t work because they didn’t get community buy-in, added that the Conservative voted against middle-class tax cuts. Ambrose changed topics, concerned about discussions with China that included cyber-security regardless of how many times Chinese hackers attacked Canadian targets. Trudeau stated that previous discussions were always ad hoc, while these new high-level discussions provided a more permanent framework. Ambrose expressed confusion about any extradition talks with China, and Trudeau returned to the same response about high-level dialogue. Ambrose asked again in French, and got the same answer. Thomas Mulcair was up next, asking if the Great Bear rainforest was no place for a crude oil pipeline, but wondered if it would also be one for natural gas. Trudeau didn’t give a clear response, mentioning analyzing various projects. Mulcair then lamented the adoption of Harper-era healthcare “cuts” (note: it’s not a cut, because the funds are still increasing), but Trudeau shrugged it off with talk of consultation with the provinces. Mulcair went another round in French, got the same answer, and then Mulcair moved onto labour rights and demanded that the government support their anti-scab bill. Trudeau spoke about the need for a better collaborative approach.

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QP: Sanctimony and escalators

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With none of the leaders were present, Denis Lebel led off, railing about the non-existent negotiations for an extradition treaty with China. Harjit Sajjan responded that it was a high-level security and rule-of-law dialogue, which included talk of extradition. Lebel asked again in English, got the same response, then moved on to the moving expenses of one of Dion’s staff. Bardish Chagger noted that they were committed to changing the rules. Candice Bergen got up to deliver some unctuous sanctimony about moving expenses, but Chagger stuck to her prepared lines. Brigitte Sansoucy was up for the NDP, decrying the fact that the government won’t increase the healthcare transfer escalator. Jane Philpott said that they would be making investments in priority areas like home care and mental health care. Sansoucy went another round, got the same answer, before Don Davies went up to ask the same again in English. Philpott chided him that the NDP platform would have been hard pressed to use the old escalators and still balance the budget, then they went one more round of the same.

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Roundup: Begin Royal Tour 2016!

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The Royal Tour has begun, which means we’re already being inundated with a bunch of ridiculous stories about “is it worth the price,” or treating the Canadian Royal Family as foreign curiosities when the Canadian Crown is a separate and distinct legal entity from the British Crown (well, unless you happen to follow the logic of the previous government, whose changes to the Royal Succession Act without going the constitutional amendment route put us on par with Tuvalu in terms of making our relationship with the Crown a subordinate one, but we’ll see if that survives the court challenges). Suffice to say, yes it’s entirely worth it because it’s a very small amount of money, and their touring for a week costs us less than it does for Obama to visit for an afternoon, they draw a lot of attention to a number of worthwhile causes that the Governor General never could, and hey, we’re a constitutional monarchy so it pays for us to act like one from time to time. And to all of those pundits who insist that it’s time that we “grow up” as a nation and “leave the Queen’s basement,” how’s that republic to the south of us doing when it comes to selecting a head of state? Yeah, I thought so.

Meanwhile, here are some photos from the arrival, along with a look at the symbolism of what Kate was wearing. The tour promises to focus on social issues like the environment, young families, and mental health issues. Sunday, they met with young mothers in Vancouver’s Downtown East Side battling addiction issues, before visiting the re-opened Coast Guard base at Kitsilano (which isn’t a dig at the previous government that closed the base at all). Later this week, they’ll visit the town of Bella Bella, which has managed to basically solve its suicide crisis.

https://twitter.com/adamscotti/status/779825920093728769

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Roundup: A questionable path forward

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Two former senators, Michael Kirby and Hugh Segal, got together to write a report on how they see a move to a more independent Senate should go, and offered a number of suggestions along the way. (They summarise the report in an op-ed here, as does Susan Delacourt in her column here). The highlights of the report are that they feel that the Parliament of Canada Act be amended so that the Senate is no longer dependent on recognized party lines to organise themselves, that they instead be organised into four regional caucuses (Newfoundland and Labrador apparently being lumped in with the Maritime region, and the territories being given a choice as to which region they want to sit with) that would form a “senior council” to decide things like committee selection. They also suggest changes to Senate Question Period, that the absolute veto be self-limited to a six-month suspensive veto, and that the minimum age of 30 be dropped as with the net worth qualification of $4000 (but not property, as it helps to determine residency requirement).

While I will no doubt discuss these recommendations in more depth elsewhere, I will first preface my comments by saying that the Senate Modernisation Committee will have their own report out in a few weeks, and we will likely get a better sense of how things are headed on the ground from there. As for these recommendations, while changes to the Parliament of Canada Act need to happen in order to break the party oligopoly now in place, I fail to see the value-added of regional caucuses. Current committee selection already looks at regional as well as gender balance, so creating a “council” to determine this seems frivolous, and the current seat allocation on committees will rebalance as more unaffiliated senators are appointed and start feeling comfortable enough to take on committee work. I’m not sure that enforcing regional lines is really what the Fathers of Confederation had in mind (as Segal and Kirby keep going back to) because I think it has the potential to create balkanization. Breaking the oligopoly and giving the unaligned senators more of a voice in organization and logistics can happen without needing to completely freeze out parties. The post-2008 excesses were not necessarily the fault of partisanship per se as it was an overly controlling PMO manipulating new senators, who didn’t know any better, to get their way. The suggested changes to Senate QP (like asking questions of committee chairs) make no sense as there is little accountability to be had from them, which is the point of QP. The change to a suspensive veto I am wary of because the point of the Senate is to be able to check the powers of a prime minister with a majority, and saying that the Lords in the UK has been like this since 1911 ignores the history or temperament of that chamber as it differs from our Senate. As for dropping the minimum age, if I had my druthers I would raise it a decade if not two, but if we can’t do that, then leave it as is. We have no need to appoint twentysomethings to be there until age 75. Sorry.

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QP: Overwrought cheap outrage

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The Prime Minister having met with the Chinese Premier earlier in the day, he and the other leaders were now ready to go. Rona Ambrose, mini-lectern on desk, gave an overwrought tale of a single mother worried about losing her house and reading about the moving expenses of PMO staffers. Justin Trudeau noted that the rules were followed, and the PMO overall was smaller than in the Conservatives’ day. Ambrose launched into a somewhat misleading tirade about all of the things they government cancelled for families (conveniently ignoring the enhanced benefits that they replaced those programs with), and Trudeau thanked her for reminding Canadians about their helping the middle class. Ambrose went again another round in French, got the same answer, and Jason Kenney took over to lament policy changes in Alberta to denounce a “job-killing carbon tax.” Trudeau reminded him that he’s in Ottawa, not Alberta, and that farmers were pleased with the settlement of the canola issue with China. Kenney then gave one last go at trying to declare ISIS to be a genocide, and Trudeau chided him for political grandstanding on such an important issue. Thomas Mulcair got up next, and accused Trudeau of being a dictatorship apologist with respect to an extradition treaty with China. Trudeau noted that this was about a dialogue that allows them to bring up difficult cases, and they would not bend their principles for anyone. Mulcair went another round in French, got the same answer, and then moved onto the Site C Dam in BC. Trudeau noted the commitment to a renewed relationship with Indigenous communities, and when Mulcair pressed, Trudeau kept insisting that they were respecting and consulting.

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QP: Doomsaying and expense obsession

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Caucus day, and with Trudeau back from the UN, we had a full leadership deck today (minus Elizabeth May, who is travelling with the electoral reform committee). Rona Ambrose led off, mini-lectern on desk, doomsaying the economy and the looming catastrophes of a carbon tax and a CPP increase. Trudeau reminded her that they have lowered taxes for the middle class and noted that the previous record of not raising them on the wealthy didn’t work. Ambrose moved to the possible extradition treaty with China and that country’s human rights record. Trudeau noted that the dialogue they have established means they can raise difficult questions as well as investment opportunities, while they won’t lower the standards on extraditions. Ambrose worried about Chinese cyber-attacks, and Trudeau noted again that the dialogue allows them to raise difficult issues. Ambrose asked about the extradition treaty again in French, got the same answer, and ended her round asking about a peacekeeping missing in sub-Saharan Africa. Trudeau noted the responsibility that Canada has to the world, and said that they were considering the mission carefully in order to determine what the mission would be, but assured her they would be transparent. Thomas Mulcair was up next and demanded a vote on a peacekeeping mission. Trudeau noted this appreciation for the capacity of parliamentarians to raise issues, but didn’t deliver the necessary civics lesson about why a vote would undermine the role of the opposition. Mulcair touched on the extradition treaty with China, got the same answer that Ambrose got, and Mulcair moved onto a pair of questions about the climate targets not being more robust than those of the Conservatives. In both cases, Trudeau reminded him of their commitment to working with the provinces as they agreed to price carbon.

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QP: Pawns on a chessboard

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While Trudeau and a good number of ministers remained at the UN General Assembly, things carried on back in Ottawa. Rona Ambrose led off, reiterating her line from yesterday about our troops not being pawns on the political chessboard of getting a UN Security Council seat. Harjit Sajjan reminded her that nothing was decided about where they would be deployed and they were still gathering information, and then patted himself on the back for how transparent they were being about it all. Ambrose asked a pair of questions about why there was a sudden change of heart on an extradition treaty with China while they still have the dealt penalty, Sajjan said that they were pushing China on that issue. Ambrose then changed topics to the planned CPP increase, and Bill Morneau said that they still planned on keeping TFSAs and that the rate would increase with the Consumer Price Index, and then they went one more round in French. Thomas Mulcair concerned trolled about the Liberals still using Stephen Harper’s GHG targets, and Jim Carr said that they were planning to increase the targets as they went along. Mulcair went another round in French, and Carr reminded him of the pan-Canadian targets being negotiated. Hélène Laverdière asked if the government would repeal the ministerial directive that allows information obtained by torture to be used. Ralph Goodale didn’t make a firm commitment, only noted that they were giving the whole national security apparatus a thorough review and that legislation on a parliamentary oversight body was before the House. Laverdière then returned to the issue of the extradition treaty with China, but got much the same response from Sajjan that he gave before.

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