Roundup: Senator Greene’s grievous error

The strange fascination with Senator Stephen Greene’s ouster from caucus has consumed far too much time and attention, and yet things keep cropping up that demand a response. Today it was his op-ed in the National Post describing what happened, and then he dropped this little gem at the end of his piece.

No. Greene is completely and utterly wrong.

The Senate may not be the confidence Chamber – that is rightfully the House of Commons – but that doesn’t mean that the Senate doesn’t play an accountability role because the whole point of Parliament is to hold the government to account. The Senate is part of Parliament. This is elementary civics for a Westminster democracy.

The way in which the Senate exercises its accountability role is different from the Commons, but it exists nevertheless. It’s not a copy of the Commons’ processes either, nor can it be redundant because composition matters. Sober second thought is actually a form of accountability that relies on checking government legislation from a less partisan lens that is removed from the grasping for votes that afflicts most MPs, for whom populist considerations can blind them to bad policy – something the Senate can call out by virtue of the fact that they’re not seeking re-election.

That institutional independence – not seeking re-election, tenured so that they can’t be easily removed by the government of the day, given job security until age 75 so that they’re not compromising themselves in seeking post-Senate employment – it all adds up to the ability to hold the government to account in a way that the House of Commons simply cannot do. That’s why the Senate has the unlimited veto power that it does – because sometimes a government with a majority will pass blatantly unconstitutional legislation because it’s politically popular to do so, but as we all know, populism is not democracy, and the Senate safeguards that principle. That is an accountability function.

That Greene is unable to make that distinction is a problem, and it’s especially a problem because he’s been leading the charge with the modernisation push in the Upper Chamber, and his is a vision that is looking to see partisan caucuses diminishing. As I’ve said on numerous occasions, the ability to have a coherent opposition in the Senate is a key Westminster feature and a guarantor off accountability, which simply cannot be done effectively if the Chamber is a collection of 105 loose fish. That the Senate is more vigorously examining and amending legislation now is not a bad thing, but we are probably at the peak of what we can or should be expecting in terms of activism without senators engaging in overreach. But to think that this isn’t accountability is simply ignorant.

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QP: Rona Ambrose’s swan song

With the news that Rona Ambrose was stepping down now confirmed, and Justin Trudeau present for what was likely the only day this week, QP was off and running. Ambrose led off, asking about the report calling to scrap and replace the National Energy Board. Trudeau noted that they have been consulting, and reiterated that they are serious about ensuring that the economy and the environment go together. Ambrose took exception to the report recommendation that its headquarters be moved to Ottawa from Calgary, and Trudeau took a few shots at the previous government politicising the Board while he was working to restore trust in the process. Ambrose worried that Trudeau was trying to choke out the oilsands in red tape, but Trudeau insisted that a responsible approach would mean growing the economy. Ambrose switched to French to demand that the House appoint a new Ethics Commissioner without any Liberal interference. Trudeau jabbed back about political appointments the Conservatives made while touting his own merit-based process. Ambrose noted that the last question would likely be her final one as leader of the opposition, and said she would call off her attack dogs if he answered how many times he met with the Ethics Commissioner. Trudeau reminded her that she asks them not to talk about investigations and he has met with her several times over his time as an MP, and was going to pay Ambrose a compliment before he was drowned out. Thomas Mulcair was up next, raising the reach of a CBC news story about the ownership of the Aga Khan’s island. Trudeau retreated to the talking point that it was a private family vacation. Mulcair railed about the helicopter ride, but Trudeau noted that he would answer any questions the Ethics Commissioner may have. Mulcair then moved onto the story about someone from KPMG working for the Liberal Party, in the context of a committee study of the firm being voted down, and Trudeau noted that the committee is independent. Mulcair pressed, and Trudeau launched into a spiel about ethics and openness.

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Roundup: A couple of thoughts on the BC situation

Given the (likely) minority government result in British Columbia last week, a number of people have been trying to game out various different scenarios for how this all might happen. Meanwhile, media everywhere are flocking to hear what the Green Party has to say, with their apparent balance of power, while Elizabeth May in Ottawa keep spouting this laundry list of things that apparently 57 percent of British Columbians voted for, despite the fact that there is no actual proof that those voters all voted for those very things, be it electoral reform or stopping the Kinder Morgan pipeline expansion. Nevertheless, when UBC economist Kevin Milligan asked my thoughts, here is what I told him:

https://twitter.com/kevinmilligan/status/863821080124735488

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I do think the fact that the legislature won’t sit until October is a key factor. BC has always been a bit weird about this, and there has been a lot of wailing and gnashing of teeth from some political scientists over social media that there is a pattern of cancelling the spring session of the BC legislature and few people seem all that bothered about it, while Christy Clark seems to make it sound like it’s such a terrible imposition that they have to bother sitting at all, which is weird and uncool for a democracy.

https://twitter.com/kevinmilligan/status/863822997072732161

There is a burgeoning convention that if it’s been six months, that it’s more likely that the GG or the lieutenant governor will call an election rather than entertain an attempt by the opposition to form government. And what I meant by how leaders perform in the meantime is whether there are any temper tantrums (particularly from the NDP leader, who has been fighting a reputation for being a hothead throughout the campaign), and that will weigh on how the public perceives any kind of government arrangement – we did live through this in Ottawa in 2008, and the fact that Harper mostly kept his cool while Stéphane Dion went apoplectic certainly helped Harper’s case with the general public. As I also mentioned, I have a suspicion that the Greens will try to overplay their hands in trying to get a bigger share of the governing pie, and making a list of demands that may not be saleable to Clark. Of course, the moment that happens, she has ammunition to go back to the voters to say “look at how unreasonable these people are, and they want to destroy the economy, so you need to give me a real majority mandate.” We’ll see if any of this happens, but this is pretty much what I have to say on the matter for now.

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Roundup: The hole that the Forces find themselves in

While I noted that this was certainly used as an attempt to change the channel during QP yesterday, I wanted to spend a couple of more minutes talking about the big defence policy teaser that Harjit Sajjan gave yesterday, which basically made the perennial statement that the previous government didn’t do a very good job, which is why we’re in such a terrible mess. All governments say this, and future governments will too. And while Conservatives in my reply column get indignant, and while Rona Ambrose emailed her own fact-check, it too contains a lot of rose-coloured history.

Ambrose mentions things like the Leopard 2 tanks (the decision to purchase which were questioned considering it’s obsolete Cold War era technology bought for a counter-insurgency war), the Cyclone helicopters (which were problem-plagued and didn’t even have shielded electronics, which were easily knocked out by the radar on our frigates), the new Arctic Offshore patrol ships (known affectionately as “slushbreakers” because they can’t even cut through the ice in a gin and tonic and yet they’re supposed to be used for Arctic operations), and then there are the supply ships which they cancelled, leaving us with no supply capacity in our navy. So yeah, they did so much with their investment in the military.

Much of the reaction to Sajjan’s speech was that yes, we’re in a hole, but the government hasn’t committed to reinvesting either. Partly they have, with the earmarked dollars that will follow once there is a plan in place. That plan will be part of the actual rollout of the Defence Policy, and the prime minister acknowledged in QP yesterday that investment in the military would follow the policy, and yes, the policy is important to have in place first because it’s hard to plan to spend if you don’t know why you’re spending or what the plan is for our Forces to be doing. So it makes sense to wait for a plan before there are dollars to follow it. It should also be noted that this government is not following the more recent trend of putting all of its plans in the budget, so we may yet so more dollars flowing (but it remains to see how many dollars, considering the fiscal situation).

All of this being said, we will still need to acknowledge that funding likely won’t be enough to completely get things back on the right track, and that complaints about underfunding will continue into future. This new funding likely won’t even get us close to our 2 percent of GDP NATO target (not that such a target counts for a lot). Suffice to say, I’m not sure that any party should be patting themselves on the back.

For some more reaction here’s Dave Perry on Power Play, and Stephen Saideman offers his thoughts on the teaser here.

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QP: Attempting a defence pivot

After the introduction of the five new MPs who won the recent by-elections — who were introduced into the Commons in the proper fashion (which doesn’t always happen), and QP got off to a very delayed start. Rona Ambrose led off, worrying that Harjit Sajjan didn’t attend a veterans dinner to apologise to them personally. Justin Trudeau noted that Sajjan unveiled the new defence policy today, and slammed the previous government for not spending enough on the military, to many cries of outrage by the Conservative. Ambrose railed about how the Liberals don’t respect the troops, but Trudeau insisted that his government was going to fix the problems of the previous government. Ambrose concerned trolled about Sajjan’s reputation with the troops, and Trudeau accused them of talking a good game with supporting the troops but not following through. Ambrose tried again, and Trudeau insisted that they were leading the way with restoring the Forces. Ambrose tried another helping of concern trolling, and got the same answer. Thomas Mulcair was up next, concerned about our dropping World Press Freedom index ranking and wanted protection for sources. Trudeau said that they believed in that protection, and Mulcair dropped mention of the VICE journalist fighting the RCMP in court, before barrelling along to his prepared question about the old Bill C-51. Trudeau noted the report released and that they would change the legislation in the coming months. Mulcair then called on Trudeau to personally call Putin about gay men being persecuted in Chechnya, but Trudeau did not commit to doing so, just to better sponsorship for LGBT refugees fleeing persecution. Mulcair accused the government of not doing enough, particularly with emergency visas, and Trudeau spoke about the need for permanent solutions to help refugees, not temporary ones.

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Roundup: Wise asses and the Wise Owls

The snickering and childish guffaws that accompanied the news that the Senate released a children’s book-style brochure about the Senate was predictable. Every single wise ass in the pundit sphere threw in their two cents, many of them in the tiresome form of children’s book verses of their own, detailing how sordid those awful owls really are, and aren’t we clever for subverting this book? Others decried the (meagre) expenses and time used to create such a brochure, never mind that these very same pundits kept wondering aloud why the Senate never promotes itself or its good works. And while a more grown-up brochure was also produced alongside it, nary a soul mentioned that one.

I will be the first to say that The Wise Owls is not without its flaws, particularly in how they allegorically depict how and why the Senate came about. It was not because the House of Commons wasn’t working, and it’s particularly disingenuous to suggest that was the case. The general audience brochure has a more accurate take on that history, but I will also add that one of the problems with that brochure is that it places the legislative role of the Senate above all others under the heading that “Senators are lawmakers.” The abuse of the term “lawmakers” in the Canadian context rankles me because it’s an Americanism owing to how their system works, while our parliamentarians in our system are about holding the government to account, and legislating they do is a by-product of that as opposed to their raison d’être.

Nevertheless, some of the reactions to the book have also been particularly problematic, from Elizabeth May complaining that it’s not good democratic education because it implies that those responsible for sober second thought are wiser than those who are elected, to journalists like Justin Ling, who complain that the message to children is that your elected officials can’t be trusted.

Putting aside the potential that this is petty jealousy – after all, it would seem to be the media’s job to keep telling people that our elected officials are not to be trusted – these complaints ignore the fact that the entire Westminster system is predicated on that very fact – that while it’s all well and good to have elected officials, we still need safeguards against the excesses of populism. It’s why we have a monarch who is a disinterested party that can hit the reset button in times of crisis. It’s why we have an upper chamber that is appointed and not pandering for votes and has the institutional independence to speak truth to power. It’s why our courts don’t rely on judges to tailor their verdicts with an eye toward keeping the public favour in order to seek re-election. The very foundation of our system is that sometimes elected officials need to be reined in, and not by yet more elected officials. It shouldn’t be scandalous that this very same message is what this book exposes children to.

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Senate QP: Citizenship and refugees on the docket

While the debate on the report recommending Senator Meredith be expelled was pending, Senate Question Period rolled around, with special guest star Citizenship and Immigration minister Ahmed Hussen in the hot seat. Senator Smith led off on the issue of Bill C-6, which seeks to repeal the provisions that would strip citizenship from those dual-nationals convicted of terrorism. Hussen starting off by remarking that this was an election promise, that they didn’t believe that the same crimes should have different outcomes based largely on where one’s parents came from, and additionally, revoking that citizenship would be tantamount to exporting terrorism, where they can return to hurt Canada abroad. He added that citizenship should not be used as a tool for punishment, which should be role of the justice system. On his supplemental, Smith mentioned two Canadians added to the US terror watch list, and Hussen reiterated that criminals should be dealt with using the justice system, and that it creates unequal treatment which devalues Canadian citizenship.

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Roundup: Not all omnibus bills are abusive

As if we needed another excuse for the opposition to blow their collective gaskets, the Liberal budget implementation bill clocks in at around 300 pages, and touches on several different Acts. In other words, it’s an omnibus bill.

“Oh!” They cry. “You promised you wouldn’t use them.”

Err, they promised not to abuse them, and in fact were careful in their language so as to not promise that they would never be used, because anyone who knows a thing or two about the legislative process knows that sometimes omnibus bills are necessary, particularly when it comes to housekeeping bills that clean up language across several acts, for example. What separates a proper omnibus bills from abusive ones are the fact that they are around a common theme, and can be studied by a single committee. This is where the Harper bills failed the test – while they claimed that they were under a single theme (i.e. implementing programmes mentioned in the budget), they touched on all manner of subjects that were not all under the purview of the finance committee, and this is really the key. When they put in sections that rewrote the entire environmental assessment legislation – under the dubious rubric of doing it for the sake of stimulating resource projects and thereby the economy, this was not something that the finance committee could necessarily study, and certainly not when the hundreds of pages and tight time-allocated timelines meant no time to do proper study of the various and sundry provisions. That is abusive.

From everything I’ve seen of this new budget implementation bill, it certainly looks like everything is all related to fiscal matters and would be under the purview of the finance committee to study. Yes, it’s 300 pages, which shouldn’t be the determining factor, and this is more about the opposition torqueing the issue in order to make it look like the government was breaking a promise when in fact they’re not included the kitchen sink into the bills in order to bully them through with as little scrutiny as possible.

What disturbs me more is the fact that like prorogation, “omnibus” is becoming a dirty word because the previous government took it upon themselves to abuse the practice, while my media colleagues haven’t done enough to disabuse the notion that just because a practice has been abused that it’s not actually illegitimate in and of itself. Prorogation is a routine practice for breaking up a legislative session and hitting the reset button in terms of plans and priorities, while omnibus bills have their uses (as we’ve already established). Just because Stephen Harper abused them to his own ends – which is party didn’t seem to be railing about as they are with this current omnibus bill – it doesn’t mean they’re all bad. This shouldn’t be rocket science, and yet, civic illiteracy is rapidly determining the narrative.

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QP: Proto-PMQs, take two

Question Period was late today, due to Malala Yousafzai’s address to parliament, and was the only item on the Order Paper for the day. Meanwhile, not all leaders bothered to show up either. Rona Ambrose led off, mini-lectern on desk, lamenting new taxes and the plan to increase user fees in the budget bill. Justin Trudeau insisted that they were proud of their choices and the ways they are helping the middle class. Ambrose spun the question as taxing time-off, and Trudeau responded by praising their decision to offer free passes to national parks this year. Ambrose spun it about camping — as those fees are going up — but Trudeau reiterated his response. Ambrose then asked whether the government planned to pass her bill on sexual assault training for judges, and Trudeau noted his support for survivors, but he also respects Parliament and the work of committees, and he looked forward to those discussions. Ambrose pressed, and Trudeau noted that it was important that they appointed more women to the bench, which they were doing. Alexandre Boulerice led off for the Liberals, railing about the omnibus nature of the budget implementation bill. Trudeau insisted that it was not an abuse of omnibus legislation, all items were included in the budget. Nathan Cullen repeated the question in English, got much the same response, then Cullen railed about the provisions around the PBO. Trudeau noted that it would make him a full Officer of Parliament with greater independence. Boulerice repeated it in French, and got much the same answer.

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QP: Bombardier bonus brouhaha

Starting off the last two-week stretch before the Easter Break, there remained a number of empty desks in the Commons, but all leaders were in attendance, so there was that. Rona Ambrose led off, asking about the possibility of radicalized workers at the Montreal airport. Justin Trudeau assured her that they were working diligently to assure her that they were taking security seriously. Ambrose switched to English to demand those workers be fired (which I’m not sure is his call), and Trudeau reminded her that they were supporting law enforcement agencies who were keeping us safe. Ambrose then switched to the compensation of Bombardier executives, and Trudeau acknowledged that the government gave a loan, but he was pleased to see they were reconsidering that decision. Ambrose switched to English to ask again, and got much the same response. For her final question, Ambrose railed about the loss of tax credits in the light of those Bombardier bonuses, and Trudeau latched onto the transit tax credit portion of the question and noted it was the only thing the previous government did for transit and his government was doing more. Thomas Mulcair was up next, returning to the Bombardier bonuses, to which Trudeau stressed that they made a loan, and again reiterated that he was happy they were changing course on those bonuses. Mulcair switched to French to rail about the lack of job guarantees, and Trudeau insisted that the loan would protect jobs. Mulcair switched to the issue of emissions targets, and Trudeau insisted they were committing their promise to reduce them. Mulcair went for a second round in French, noting that Environment Canada has said that they wouldn’t be able to meet the Harper targets, while Trudeau retorted that the analysis was based on the previous government’s actions, not those of his government.

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