Tag Archives: The Senate

Roundup: The hand that feeds the Senate?

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Over at The Canadian Press, Joan Bryden wrote a wrap-up piece about the near-defeat of a few government bills in the Senate during the final days of the parliamentary sitting, but some of the piece has been rankling me, in part because of how it frames the state of play. So if you’ll indulge me, I’m going to pick it apart just a little, because I think it’s important to understand these things.

The lede is very awkward “In the final hours of Justin Trudeau’s four-year experiment with a less-partisan Senate, Independent senators came within a whisker of biting the hand that feeds them.” It’s a nonsense sentence that doesn’t make any sense – Trudeau’s experiment with a “less-partisan Senate” isn’t over by any stretch of the imagination, and there were no final hours to it – saying that it was the final hours of the parliamentary sitting or even session (since the chances of a prorogation and Speech from the Throne before the writs are drawn up in September are infinitesimal), or even the 42ndParliament would make sense, but not as written. I’m also really bothered by the notion of the “biting the hand that feeds them.” By feeding them, is it supposed to imply the person who appointed them, because that’s not the same thing. Is it supposed to imply that their posts continue at the beneficence of Trudeau, and that he could be rid of them at any point? Because that’s clearly not the case in the slightest (particularly constitutionally), but the phrasing implies the latter instead of the former, which is why it’s weird and misleading in all kinds of ways.

The rest of the piece is the usually bit of sniping between the leader of the Independent Senators Group, the Conservative whip, and the Leader of the Government in the Senate, Senator Peter Harder, wherein Harder and the ISG insist that everything is fine, this is exactly what the Senate should be, and the Conservatives cry that the Independent senators are just Liberals by another name. The wrench in here is that Senator André Pratt calls the Conservatives out for supporting a government bill that more Independents opposed because they didn’t really want to set up a precedent for the Senate voting down government bills because when they form power next, there could be a real problem for them (though one has to say that the bill in question, C-83, was of very dubious constitutionality as it had court rulings against it before it was even law). As we approach the election, we can expect more of this sniping going on, particularly once the Independents start trying to agitate for continued independent Senate appointments to be an election issue – which is essentially an endorsement for Trudeau – and it could start to get very uncomfortable for all involved really quickly.

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Roundup: Resurrecting sham “elections”

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As part of his ongoing fit of pique against the federal government, Alberta premier Jason Kenney has decided to revive one spectacular bit of political bullshit theatre that some of us had hoped was now dead and buried – the sordid practice of Alberta’s “consultative elections” for senators. The whole notion is unconstitutional, and while the Supreme Court didn’t explicitly rule against the provinces setting up their own “elections” as part of the Senate reference, it was certainly implicitly in there, both in the notion that a consultative “election” creates an expectation of legitimacy, but the logic behind it was also completely blasted during the hearing, when Justice Thomas Cromwell asked if a consultative election is fine, why not a consultative auction? Not to mention that the entire election process in past elections has been little more than the electoral equivalent of a show trial – a sham that resembles electoral democracy but is simply designed to return only candidates from a certain party to then form an illegitimate demand that they be appointed. Kenney’s attempt to say that this gives them “accountability” is ludicrous on its face because they don’t face re-election, so there is no actual accountability that can be exercised. The whole farcical exercise has more in common with the sham elections held in communist countries than it does with the actual electoral practices in the rest of Canada, and the fact that Kenney is looking to resurrect this demented kabuki is just more of his campaign of snake oil and lies whose only point is to keep stoking the irrational anger of Albertans and hoping that it won’t blow up in his face. It inevitably will, however, and the whole country will pay the price for Kenney’s arrogance in believing he can manage the monster he created.

In other news of Kenney’s political bullshit theatre, his piece by Chris Turner dismantles the whole raison d’être of Kenney’s so-called “war room,” by pointing to the literal conspiracy theories that underpin the whole thing, and the mythology that Kenney is trying to spin around why capital has left Alberta’s energy sector. And it’s complete myth, but it gets repeated uncritically constantly, and it goes unchallenged by the media, and yet Kenney is creating this $30 million spin machine to further reinforce this mythology and conspiracy theorism, because again, it feeds the anger of his base, telling them that it’s not the fault of the world price of oil that their fortunes have changed, but rather that it’s the sinister forces of dark foreign money that is really behind it all. Without putting too fine of a point on it, this is the kind of thing that fuels the kinds of populist movements that breed fascists. But Kenney doesn’t care, because he thinks he can control it.

Meanwhile, Kenney has suddenly changed his story about the incident where he handed out earplugs during that debate in the Alberta legislature, and it’s gone from it being “light-hearted morale-boosting” to “one of my MLAs has tinnitus and was being shouted at,” which the video clearly didn’t show, and it’s just one more example of Kenney’s smile-and-lie show that he puts on for media interviews, and you can’t help but feel sorry for the interviewers because trying to disentangle his egregious lies is a Sisyphean task.

https://twitter.com/EmmaLGraney/status/1142194069902364680

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Roundup: Closing it all down for the summer (and the election)

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The House of Commons rose yesterday, earlier than expected after news that Conservative MP Mark Warawa died of cancer. Business was truncated, all remaining bills passed swiftly, and a few tributes were made to Warawa before adjourning the House, ostensibly until September, but the writs would be drawn up for the election before then. There is a chance that Parliament will be called back in the summer to deal with the New NAFTA implementation bill, which was not passed, but apparently they’re waiting on the Americans before we go further.

Over on the Senate, side, a number of bills passed through swiftly, including the reforms to the Access to Information legislation, but the ones that caught the most attention were Bills C-48 and C-69, being the west coast oil tanker ban and the environmental assessment legislation. Immediately after those were passed, Alberta premier Jason Kenney thundered over Twitter about how he was going to challenge them in court – which you can expect the courts to tell him to go pound sand, just as they will with his challenge to the federal carbon price that will be imposed on his province come January. The Senate won’t be passing a number of private members’ bills, including some prominent ones like Rona Ambrose’s bill, but it was a bad bill anyway and deserved to die on the Order Paper. (The Liberals also promised to revive the bill in the next parliament, which…isn’t great, frankly, because it’s either unconstitutional in its original form, or largely symbolic in its amended form).

This means that all that’s left is a royal assent ceremony, which will happen this afternoon, and it’ll be the first time that they’re going to attempt a ceremony with the two chambers in separate buildings. It’s been suggested previously that the Usher of the Black Rod will take a limousine to West Block to knock on the Commons’ door to deliver the message that Her Excellency requests their presence in the Senate, at which point the Speaker and a token few MPs will head over – possibly in limos or little parliamentary busses – to the Senate for the ceremony. We’ll see how it all unfolds.

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Roundup: TMX is go

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It wasn’t unexpected that the Trans Mountain pipeline expansion was given the green-light by the government, with assurances that there would be construction this season – but there are still details to come. More accommodations were made as part of their Indigenous consultations, and it sounds like there may be more details to be ironed out, particularly around one First Nation who is concerned about the pipeline traversing their aquifer. More than anything, however, Trudeau made it clear that any profits from this pipeline – which could be $500 million per year – would go toward clean energy projects. (It also needs to be said that Trudeau came and faced the media for this announcement – something Harper never did with Northern Gateway).

https://twitter.com/andrew_leach/status/1141060718743048192

None of this was good enough for Trudeau’s critics, however – Andrew Scheer made up a bunch of nonsense about how the government failed to get the project moving until now, Jagmeet Singh flailed about how this was contrary to climate goals, and Elizabeth May was in high dudgeon about how this made a mockery of all other climate actions (never mind the fact that oil would flow by rail without this pipeline, and this actually reduces emissions overall – crazy, but true). John Horgan promised to keep fighting the pipeline, while Jason Kenney promised to keep fighting every other environmental measure.

And then the hot takes – Aaron Wherry enumerates why this pipeline is the compromise that it is. Chantal Hébert doesn’t think that this approval will be the political problem that some think it will be. Jody Wilson-Raybould isn’t a fan of the approval, for what it’s worth. Don Braid waxes about how this entrenches the view of Alberta as a “resource bucket to pay for national dreams.” (Erm, isn’t that exactly what Kenney and company keep selling?)

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Roundup: It’s TMX Day

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Today is the day that the government will make their decision on the Trans Mountain Expansion, and it should not be a surprise to say that they are almost certainly going to approve it, having spent $4.5 billion on the existing pipeline to “de-risk” the project, and far more in political capital at the cost of some of their BC, Indigenous, and environmental base while trying to insist that this is necessary for the transition to a cleaner economy. Of course, if they could communicate their way out of a wet paper bag, it might help them to make that case, but they seem incapable of it. The real question is going to be what kinds of changes to the route will be made in order to accommodate Indigenous groups, or other conditions to be mandated as part of it.

There will be much talk about the “pipeline crunch” that the TMX will hope to address, which has to do with added oilsands production and not enough ways to get it to market, given ongoing delays on the American side of both Enbridge Line 3 and Keystone XL – projects which have been approved in Canada, and the Line 3 construction has been ongoing on the Canadian side. But as much as TMX will help, we also need to remember that the projected growth capacity is limited, which is another reason why Energy East doesn’t make economic sense. The concern that the sector needs all kinds of new pipelines isn’t actually borne out in the data (as Andrew Leach has pointed out repeatedly, including here).

On a related note, the government has rejected most of the Senate amendments to Bill C-48, on the tanker ban, but did agree to the five-year legislative review period, but as much as industry groups are demanding that this bill and Bill C-69 be killed, it’s not going to happen.

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Roundup: Credulous takes on the “new” Senate

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Over in the Globe and Mail, John Ibbitson has declared that Justin Trudeau’s reforms to the Senate “worked,” and that Andrew Scheer should continue to appoint independents instead of partisans, and I just. Cannot Even. Reading the piece, it’s clear that Ibbitson has no real grounding in what the Senate is supposed to do on an actual basis, the various roles it plays aside from its legislative duties, and he has absolutely no conception of the broader scope of the problem that Justin Trudeau has unleashed on future parliaments – and how he has hobbled his own party in the future, while further centralizing his own power. But Ibbitson seems to have taken the word of Leader of the Government in the Senate, Senator Peter Harder, that this is how Parliament is “supposed” to work – Harder not exactly being a credible source – as well as an emeritus professor who has been a booster not only for these reforms, but who thinks it would be great to go even further and institute a business committee (which would be an even bigger problem going forward). So no, I’m not going to take Ibbitson’s word that this has “worked.”

While I’m not going to pretend that the Senate didn’t have its problems beforehand, a good many of the problems in recent years can be traced to the fact that Stephen Harper made some spectacularly poor appointments in his rush to populate the Chamber during the prorogation crisis of 2008, after he neglected to fill its seats for long enough that what Conservative senators there were in the Chamber at the time were clamouring for more members because there weren’t enough of them to adequately spread around the workload. And rather than make thoughtful appointments, Harper panic appointed a number of partisans who had no suitability to the role, and lo, problems and scandal ensued.

There is absolutely a partisan role for senators because they’re the institutional memory of parliament, and that especially includes inside the caucus room, and that also keeps a check on the leader because they don’t have to worry about their nomination papers being signed. And the Liberals are going to find out just how necessary those roles are when they’re no longer in power and have few people with the knowledge to help them rebuild. And yes, it will happen eventually. And as for the “new” system “working,” they can’t manage the Order Paper, and they have a crisis in front of them with the election looming. But hey, Peter Harder says it’s going swimmingly, so he’s the person we should believe. Okay then.

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Roundup: A line-by-line review

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If the tweets of Cabinet ministers are to be believed, Cabinet is currently seized with doing a line-by-line review of the amended Bill C-69 that was sent back to them from the Senate earlier this week. By all accounts, the current form of the bill is a complete dog’s breakfast that includes a number if contradictory clauses, because the Chamber of Sober Second Thought didn’t bother to actually do the work of reconciling them because members of the environment and energy committee were keen to placate Jason Kenney and to credulously believe the oil and gas industry lobbyists who insisted that the bill’s original form, while not perfect, would somehow doom all future projects in this country. And you would think that actually getting a bill in reasonable condition back to the Commons would be kind of important to a body like the Senate, for whom this is their raison d’être as a legislative chamber who preoccupies itself with reviewing legislation, but no, they decided instead to sent it back to the Commons as is rather than to take the blame that Kenney and company will lay on them as he continues to lie about the bill and consider it a rallying cry for the implacable anger of Albertans that he sold a bunch of snake oil to during the last provincial election.

In the midst of this, you have senators like Conservative Senate Leader Larry Smith claiming that the Senate’s attempt to stop bills C-69 and C-48 are supposedly the last bastion of the provinces who are “under attack” by prime minister Justin Trudeau, which is hokum of the highest order. C-48 doesn’t landlock Alberta’s resources because the chances of a pipeline to the northern BC coast are virtually nonexistent given the Federal Court of Appeal decision on Northern Gateway’s failure, and the propaganda campaign against Bill C-69 is the completely divorced from reality, but hey – angry narratives to sustain. At the same time, Senator André Pratt is defending the Senate against accusations levelled from the likes of Andrew Coyne that they’re overreaching if they do kill C-48 (which they won’t), saying that they’re trying to do their job while being cognisant that they’re an appointed body. He’s not wrong, and it’s probably one of the better articulated pieces of late.

Meanwhile, the Conservative whip, Senator Don Plett, is denying that he’s stalling the UNDRIP bill, and he’s actually got procedure on his side for this one – the cancelled meeting would have been extraordinary, and there are reasons why the Senate doesn’t hold special committee meetings while the Chamber is sitting – which they are sitting later and later because they have so much business to get through because the Independent Senators can’t get their act together, and lo, we have the current Order Paper crisis that they are working their way through (though apparently not so urgently that they didn’t sit yesterday). Unfortunately, the media does love private members’ bills, and is focusing a lot of attention on them, no matter that most of them are actually bad bills that should probably die on the Order Paper (but people don’t like to hear that).

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Roundup: Amendments and dysfunction

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There is some movement on legislation in the Senate, with the amended fisheries bill heading back to the Commons, as is Bill C-69 on environmental assessments. This bill was passed on division (meaning no standing vote) and will let the government reject all of those amendments made at committee that were essentially written by oil and gas lobbyists, which nobody had the intestinal fortitude to want to actually debate, preferring the tactic championed by the Leader of the Government in the Senate, Senator Peter Harder, to let someone else do the heavy lifting. That way the government can defeat the bulk of those amendments in the Commons on a whipped vote, and then Harder can say “the elected Chamber has spoken” while patting himself on the back for the amendments that did pass – likely only the ones the government itself proposed.

The bigger drama is being reserved for C-48, the tanker ban bill, as the whole Senate voted to overturn the committee report that recommended it not go forward, which was pretty much how I expected it to go. Given the torqued, partisan report that emerged, the talk about the committee being dysfunctional are ringing pretty true, but I’m not going to blame the Conservatives for that because the Independents aren’t stepping up. The likely next steps for this bill are for amendments to be debated at third reading, the bulk of which are likely to be defeated, and then the Conservatives will play procedural games with the debate so that Harder is forced to invoke time allocation on a final vote for it, because the Conservatives have set up that situation for him.

Meanwhile, there has been a lot of wailing and gnashing of teeth about the UNDRIP bill, particularly that the Senate didn’t vote to give the Aboriginal People’s committee permission to meet while the Chamber was sitting in order to discuss it – which isn’t actually a sinister plot. The Senate is set up so that the Chamber meets for only a few hours in the day and that committees don’t meet then, which also has major logistical considerations – they don’t have enough staff or interpreters to cover both, unlike the House of Commons. And to illustrate that, this thread by Chris Reed explains some of the procedural considerations of what happened. But also remember that in the midst of the Senate’s Order Paper crisis, nobody wants to take any responsibility and are content to blame the Conservatives for being “partisan.” They’re not the problem here.

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Roundup: Less helpful suggestions to fix QP

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At this time of year, we’re starting to see a number of reflective pieces about the state of our democracy, and over on The Agenda, they gave a thinkpiece about the state of Question Period in advance of an episode on the subject. While the piece is geared toward the state of things at Queen’s Park, there is applicability to Parliament, and the suggestions that the polisci prof that they cite in the piece makes don’t really offer anything constructive, in my opinion.

For example, he wants more questions from more members and no supplementals. I disagree, because if we were running things properly, supplementals offer decent back-and-forth exchanges where you can get better accountability by drilling into answers (or non-answers) provided. And as demonstrated in Parliament, especially on Fridays, just having more MPs asking questions doesn’t necessarily improve things because they’re all reading the same scripts, so you just get more MPs asking the same questions – which in turn becomes fodder for them gathering clips to be distributed over social media. He suggests that the parties determine who asks questions for the first two thirds and then the Speaker determine for the final third – well, that doesn’t actually help with the ability of the Speaker to “not see” frequent misbehaving MPs, as they will be the ones the party puts on their list. It needs to be all or nothing. Having the Speaker rule on the relevance of answers and to police friendly backbench suck-up questions? Nice in theory, and if we could get MPs to give the Speaker the power to the determination, all the better, but if we’re not careful, it just creates an opportunity for parties to whinge about the Speaker. (I’m kind of in favour of empowering the Speaker in this way, but it needs to be done very carefully). Banning applause? Yes, absolutely.

What’s missing in this is the reliance on scripts, which we need to do away with entirely. Parties argue that they need to come up with plans and narratives and tactics, but to be frank, that’s bullshit. Plans and tactics don’t enhance the accountability function of QP – it just ensures that it will be theatre, and not good theatre at that. Banning scripts plus empowering the Speaker to choose who asks questions for the whole of QP (and sure, he can continue to divvy them up according to a set formula in the interests of fairness) is going to be far more effective than most of these suggestions – but the trick is to convince MPs to move to that system, which would involve their leaders giving up their powers to direct the show, and that is part of where the bigger problem lies.

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Roundup: An unusually partisan report

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The saga of Bill C-48 continues its strange trek through the Senate with the release of the report from the transport committee that recommended that the bill not proceed. Or at least that’s what it should have stated – that based on the tie vote, that the committee could not recommend the bill proceed. What they got instead was a lengthy screed about how allegedly terrible and the bill was for national unity, and it cherry picked comments from witnesses to “prove” that case, and strangely omitted any witnesses that stated – with facts – that the bill would have almost no impact on the energy industry in Alberta and Saskatchewan. In fact, the report was so partisan that it raised eyebrows among my sources in the Senate, who could not recall the last time that they had seen such a blatantly political document.

Naturally, not everyone on the committee was in favour of this report, and there are accusations back-and-forth about conversations regarding whether those who disagreed could write a dissenting report, and the eventual reluctance to bother because it would likely have tied things up in committee for even longer, as the clock ticks down. (Things are so bad on the Senate’s Order Paper that the need to sit well into July is now pretty much guaranteed). Of course, delaying this bill to death is part of the Conservative game plan, and everyone knows it – in fact, they pretty much have set up a situation where the Leader of the Government in the Senate, Senator Peter Harder, will have to invoke time allocation to get it passed.

The shenanigans with this bill aren’t done yet. There will be a great deal of debate when this report gets debated in the whole Senate, where it is doubtlessly going to be rejected, but not without a great deal of noise and accusations that the Independents are just Liberal stooges, and so on. And it’s going to be so annoying when it’s all over.

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