Tag Archives: Terrorism

Roundup: Petty, unhelpful suggestions

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The fact that Mike Duffy’s expenses have reignited an old and frankly tiring debate on whether Senators should be able to claim for their legitimate work expenses, or whether it’s this particular shameless senator whose expenses, however legitimate, are forever tainted. We can look and see competing editorials from the likes of Robyn Urback, who is justifiably dubious about the whole thing given the history and cloud that remains around Duffy’s primary residence, and Kady O’Malley, who notes that Duffy’s current expense claims are entirely legit so we should stop begrudging them (while not forgiving past transgressions either). But of all the commentary that I’ve seen in the past week, the least helpful comes from within the Senate itself.

When asked about the whole Duffy ordeal, the Conservative Senate leader, Claude Carignan mused about how the Senate’s rules may still need to be updated, which I’m not quite sure how much more stringent they need to be at this point considering how much they’ve come in the past two years (and for years before that), and it sounds a lot like he’s trying to play along with the attempts at cheap public outrage over the whole thing, while simultaneously ignoring the fact that Duffy’s residency issue remains a problem from the manner in which Stephen Harper appointed him, and a Harper loyalist, Carignan is almost certainly loathe to criticise that decision. But it got worse. Carignan then basically dumped the problem into the lap of Senator Peter Harder, the “government representative” as though he were somehow able to do something about it. As Carignan, a former Government Leader himself should know, it’s not up to the Government Leader to shepherd rules changes considering that Senate Rules are the domain of the appropriately named Senate Rules committee, and that expenses are the domain of the Internal Economy Committee, and last I checked, Harder is not a member of either committee, nor does he have a caucus that has senators who sit on those committees. In other words, he has no senators that he can use to exert any kind of influence over in order to make those changes. With these facts in mind, I’m not sure why Carignan would suggest that rules changes need to be spearheaded by Harder except that it’s more petty politicking, trying to undermine his (already shaky) legitimacy, while looking to absolve himself of any responsibility event though Carignan controls the largest caucus in the Chamber. If we need to have a discussion about how the residency rules need to continue to evolve, then great, let’s do that. But to try and play this particular game about it is really beneath Carignan’s position and he should know better.

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Roundup: Peace bonds and terror suspects

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Everyone seems to want to talk about how the Aaron Driver terrorism incident went down and how it relates to the government’s plans to amend the old C-51 into something that better balances Charter rights, so here is some preliminary analysis from the expert, Craig Forcese, and more analysis that he did with Kent Roach for the Globe and the Post. And yes, the Liberals have reiterated that they plan to amend the legislation, while the NDP continue to demand its repeal (which may be difficult given how it interacts with pre-existing legislation). Meanwhile, here’s an interview with Driver’s father and a professor who studies radicalization – who noted that the isolation of the peace bond may have made that radicalization worse – and a reminder about the realities of terrorism like this in Canada versus Europe.

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Roundup: The wrong way to rein in the Senate

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Sometimes you read clueless columns, and sometimes the columns are so utterly clueless that you have to wonder how they ever got past an editor in the first place. The Globe and Mail featured one such yesterday morning from Campbell Clark, who asserted that it’s now Justin Trudeau’s fault that Mike Duffy is claiming expenses because cabinet ultimately has control over expenditures.

I. Can’t. Even.

The complete and rank civic illiteracy coming from a columnist in a national newspaper is galling, and looks a hell of a lot like he’s just making stuff up as he goes along. And no, I’m not chalking this up to a mid-August phoned-in column, because this isn’t the first time that he’s made this suggestion before, and it needs to stop. And it’s such an elementary part of civic literacy that Clark is apparently unable to grasp, which is that it’s the job of the legislature to hold the executive in check and not the other way around. In fact, it’s the job of the House of Commons to grant supply to the government for its operation and not the other way around. The Senate most especially exists to serve as a check on an executive that has a majority in the House of Commons. Neither the House of Commons nor the Senate are a government department – they don’t report to the Cabinet, nor does Cabinet control their expenditures because fundamentally they have institutional independence. Can you just imagine what would happen if Cabinet did control their purse strings? It would be nothing but a constant string of threats to cut of MPs’ or senators’ salaries or office budgets if they didn’t fall into line. That’s not how the system works, and Clark’s suggestion makes as much sense as giving cabinet the authority to go after judges’ salaries if they strike down that government’s laws. Add to that, Clark’s suggestion that the government should start clamping down on how much Senators can spend is so ludicrously boneheaded that it boggles the mind. You see, if MPs go after senators’ expenses, then senators will turn around and go after MPs’ expenses, and veto any budget until their independence is no longer being threatened. And why? For cheap optics? The Senate has a job to do, and democracy costs money. If Clark thinks that things work differently under our constitutional arrangement, then he is sadly mistaken, and he needs a remedial course in basic civics post haste because what he’s written is wholly and completely irresponsible. So no, it’s not Justin Trudeau’s government’s problem that Mike Duffy is claiming housing allowances, it’s Duffy’s problem (as we established yesterday). For anyone to claim otherwise doesn’t know or understand how our system operates.

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Roundup: A test of bicameral wills?

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Whether through stubbornness or pique, the House of Commons voted to adopt nearly all of the amendments the Senate proposed to Bill C-14, with the exception of the biggest and most important one – the one which would eliminate the requirement of a “reasonably foreseeable” death before someone could be granted medical assistance in dying. And then, the Commons more or less announced that tomorrow will be their last sitting day before they rise for the summer, essentially daring the Senate to return a bill to a chamber that has gone home (well, they are supposed to come back on the 29th for Obama’s address), and leaving the spectre of there being no law in place, which has all manner of medical community stakeholders concerned (never mind that the framework of the Supreme Court of Canada’s Carter decision is in place and would ensure that nobody would be charged for providing the service). It’s a little more ballsy than I would have given the Liberals credit for a few weeks ago, particularly before I saw the background paper that Jody Wilson-Raybould released with her…questionable justification for drafting the law the way it was. Now comes the difficult part – will the Senate stick to their guns and insist that the amendments to eliminate “reasonably foreseeable” be maintained if the bill is to remain constitutional, or will they back down because they’ve made their point and the Commons is the elected chamber?

This is the part where I chime in with a few reminders that this is the reason why our Senate exists the way it does – it enjoys institutional independence and cannot be threatened by the Commons so that they can push back on bills they find unconstitutional, particularly a controversial one like this, where MPs are proving themselves to be timid in the face of a Supreme Court of Canada decision that lays out what they deem to be an appropriate constitutional reading of the issue – something the government is basically flouting in an attempt to push back on this bit of social evolution for as long as possible. And as I’ve stated before, it’s not beyond the realm of possibility that the Commons is waiting for the Senate to “force” them to advance things. Will it turn into a ping-pong between the chambers? Not for much longer, I would say, but it is going to depend on who blinks. If the Senate does dig in its heels on this and insist that doing otherwise would be to let an unconstitutional bill pass, then there is every reason to suspect the government take the “forced into this” option and let the Senate be the punching bag when religious and disability groups complain. There are people suggesting that the Supreme Court should break the impasse, which I would loudly denounce because it’s the very last thing we need. It’s not their job, and it would signal a complete abdication of the rights of Parliament and Responsible Government that our predecessors fought long and hard for. (Also, stop demanding these bills be referred to the Court – legislating is not a game of “Mother May I?”). This whole exercise is why the Senate exists. Let’s let them do their jobs.

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Roundup: Modest changes suggested

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When its release was announced, I approached it with trepidation – based on the discussions to date, it was bound to be a horror show. Surprisingly, however, the report on how to make the House of Commons more “family friendly” was less ambitious than it could have been – so far, at least. There were many issues left unresolved for the future, and I’m sure that they plan to address some of those issues in a future report, which could indeed be that report that I’m dreading. Overall, however, they decided against the four-day workweek, and haven’t done anything particularly ridiculous like electronic voting or Skyping into committee meetings. Recommendations did include:

  • Maintaining the motion to keep most votes after QP, but not changing the Standing Orders so as to keep flexibility in the system
  • Not holding votes after Thursday QP so as to let MPs be flexible with travel arrangements
  • Moving the date up for deciding on next year’s calendar for better planning
  • Having House Administration provide flexible childcare options at the Members’ own hourly cost
  • Letting MPs’ families have access to their calendars
  • Better flexibility with the shuttle bus service on the Hill
  • Looking at amending the travel point system with regard to families.

While the worst of the previously discussed options were not recommended going forward, and some of the more nonsensical issues like decorum in the Chamber (which has to do with family friendliness how?) had no recommendations, I still think that some of these recommendations have problems. In particular, demanding that House Administration provide childcare options is an issue because uncertainty of usage is costly – do you have childcare workers essentially on standby? How does that work for them, exactly? As well, I find the demand that the Commons provide this service to be a bit rich because these MPs should be able to find solutions on their own. After all, they make $170,000 base salary per year – they can afford to find their own childcare options, whether it’s a nanny or whatnot. The recommendation around travel points is also a little unsettling because it amounts to reducing the transparency around travel so as not to discourage family members from travelling to Ottawa by opening themselves up to criticism. While I do think that we have a problem with petty, cheap outrage when it comes to reporting on MPs’ expenses, I also think that we should use the opportunity to have a discussion with Canadians about the effect of travel on MPs and their families rather than just shaming them without any pushback. After all, we should address these issues rather than just letting the cheap outrage narrative carry the day.

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Roundup: Skirting the Charter

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It was a late-night sitting in the Senate to deal with more amendments to the assisted dying bill, and in the end, amendments that would include advanced directives in the bill were defeated. Part of the debate was that more time was needed to study the issue, and the mover of the amendments, Senator Cowan, made the very trenchant point that while the bill mandates the government to study the issue within 180 days of passage, there is no guarantee that they will do anything with it other than issue a report that will gather dust, because as we’ve been exploring lately, MPs tend to be rather spineless and because this is a tough “moral” issue, they will refuse to discuss it until forced to by the courts. Again. Meanwhile, a background paper on the bill was released by the justice minister that stated that they didn’t need to strictly follow the Supreme Court’s Carter decision because they were trying to articulate new principles about trying not to normalise suicide among the elderly and disabled. It seems to me that this is the very same logic that the previous government employed in their crafting new prostitution laws, which went around the very issues that the Supreme Court dealt with (the safety of sex workers) and tried to craft legislation that was inherently denunciating rather than which tried to put in place a better regime. That has yet to be challenged in the courts, but it is coming. In this particular case, it does seem like an attempt by the government to try and circumvent clear direction by the Supreme Court on how they have interpreted the Charter in this instance, as Carissima Mathen points out below, it’s not like they can simply say “new law!” and pretend that the existing Charter jurisprudence doesn’t exist, because it clearly does. Is this the way that this government purports to deal with the constitutional dialogue with the courts and push back against them? Maybe. But it also seems like they are flirting with a bill that is unconstitutional to try and keep themselves from pissing off too many interest groups, be they religious or the disabled community, despite the fact that there seems to be clear interest from Canadians that they want this kind of law in place (and in particular, advanced directives if you believe what senators say they are getting in terms of the feedback from Canadians). Of course, they could very well find themselves “forced” by the Senate to provide enough political cover (which I still think is a very distinct possibility), but I am getting the sense that we are now seeing the “campaign from the left, govern from the right” sensibilities starting to emerge in this current Liberal government.

https://twitter.com/cmathen/status/742528101364551680

https://twitter.com/cmathen/status/742531190243135488

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QP: A moment for Orlando

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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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Roundup: Monarchial stability

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In an interview with CTV’s Question Period about his upcoming trip to the Queen’s official 90th birthday celebrations in London, His Excellency the Governor General credited the monarchy with holding Canada together, and noted that constitutional monarchies are among the most stable of all forms of government – and he’s right. Predictably, however, the republicans among us got right offended, saying that Canadians deserve some of the credit, and it was simplistic, patronising and wrong to say that Canada would “disintegrate without a London-based, hereditary Head of State.” The problem with this line of reasoning is that it ignores some of the counterfactuals, and what we see in countries where heads of state are elected and who are largely partisan in nature. The stability of those countries is indeed an issue in many cases, and social progress is generally further behind than most constitutional monarchies, which have a demonstrated tendency not to be as conservative or reactionary as one might think given the importance of maintaining those traditions. But the most important reason why constitutional monarchies like Canada’s tend to be more uniting is that they don’t rely on a partisan head of state to be the uniting figure around which all of the pomp and circumstances happens, and you don’t have people going “he’s not my president” and so on. It’s not the partisan head of state’s face on postage stamps and in embassies, or who receives military salutes. Ours is a system designed to keep leaders from developing cults of personality and keeps their ambitions in check because they do not hold power – they merely exercise it on behalf of the one who does (that being the monarch). It’s also why it’s concerning that our prime ministers in this country have been getting presidential envy, and why this “First Lady” business around Sophie Grégoire Trudeau is a problem because it goes against our particular constitutional monarchical order. Having someone be above the political fray has benefitted our society and our culture, and it can’t be easily dismissed as being simple or patronising. Systems help to shape societies, and our system has shaped ours for the better. We can’t simply ignore it out of some childish sense of spite about how and why that system works the way it does.

His Excellency also noted that Trudeau’s children help bring Rideau Hall “alive,” and he reminded us that his own children used to play with Pierre Trudeau’s children when they were the same age, living in Montreal nearby one another.

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QP: An end to constant clapping?

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On caucus day, all of the leaders were present but there were a few curiously empty desks. Rona Ambrose led off, mini-lectern on neighbouring desk, asking about Canadian special forces troops coming under fire near Mosul, and wondered about the training mission. Trudeau replied about helping our allies take the fight to ISIS, and listed off the additional resources added to the mission. Ambrose asked again about the combat mission, and Trudeau reiterated that it was not a combat mission. Ambrose then moved back to the howls for a referendum, and Trudeau listed off his promises of broad consultation. Denis Lebel took over in French to demand a referendum, and got much the same answer, and then a second round of the same. Thomas Mulcair was up next, asking about RCMP surveillance on journalists, and Trudeau reminded him that the RCMP were taking steps, and that they have learned from their mistakes. Mulcair asked again in English, and demanded why C-51 was not repealed. Trudeau mentioned ongoing consultations with stakeholders and the forthcoming parliamentary oversight body for national security. Mulcair then switched to C-10 and jobs affected, and Trudeau insisted that they were trying to ensure the long-term success of the industry. For his final question, Mulcair bemoaned the lack of investment in Bombardier, and Trudeau reiterate that they are encouraging investment in the sector.

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QP: Scripts vs Saccharine 

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The galleries full of Sikh delegates in advance of the Komagata Maru apology, the benches were similarly full on the floor of the Commons. Rona Ambrose, mini-lectern on neighbouring desk, led off by railing about the government’s proposed motion to control the parliamentary calendar. Trudeau noted that they were trying to give MPs time to speak and that this was about putting forward the agenda that Canadians voted on. Ambrose dropped a reference to Trudeau’s admiration for the “basic dictatorship” of China before asking again in French, and Trudeau gave the same response. Ambrose moved onto the topic of an electoral reform referendum, and Trudeau used the “Unfair Elections Act” as his excuse for his preferred consultative process. Denis Lebel took over in French, asked Ambrose’s second question again and got the same answer, and his second question was the referendum question in French, prompting Trudeau to drop the “60 percent of Canadians voted to change the electoral system” talking point. Thomas Mulcair was up next, his mini-lectern making a return, and he first thundered about the government shutting down democracy, then asked about the Alberta Court of Appeal ruling around doctor-assisted dying before demanding that C-14 be referred to the Supreme Court. Mulcair asked again in French, got the same answer, and then changed to the issue of home mail delivery. Trudeau gave his standard response about the promise to consult, and for his final question, Mulcair demanded that the government stop taking veterans to court. Trudeau insisted that they were working with veterans to get results for them.

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