Tag Archives: The Senate

Roundup: Getting your Senate criticism wrong

Posted on by

In light of Independent Senators Group “Facilitator” Yuen Pau Woo’s comments in the Globe and Mail last week about wanting to make Senate modernisation an election issue, Konrad Yakabuski penned a column in the Globe’s pages to point out that for all of the appointment of Independent senators, the institution remains as political as ever. Which is true – it is inherently a political body, no matter what some of its more recent denizens may think of it (much like the Supreme Court of Canada is itself a political institution, though people don’t like to think of it as such). And there are a lot of problems with Woo’s attempt to turn this into an issue, or his belief that Independent senators are somehow apolitical, or that a “non-partisan” Senate is even desirable (hint: It’s not). But Yakabuski’s column falls apart in several areas because, once again, you have pundits who know nothing about the institution passing judgment on it.

The key lines from the column that betray its ignorance are not difficult to spot:

Mr. Trudeau has effectively transformed the Senate by appointing 45 senators in just three years in office, almost all of whom sit as independent members. But just how independent are they, really, when they consistently vote in line with the Liberal majority in the House of Commons? Frankly, there is no way of knowing, given that the workings of the “new” Senate are even more opaque than those of the old one, when almost all senators were clearly aligned with one of the major parties and sat in on party caucus meetings.

Yakabuski has fallen into the trap of not understanding how Senate votes work, and how they can be different from those in the Commons. And I will be fair in pointing out that Conservatives, particularly a number of them in the Senate, have been playing a bad-faith game of portraying the votes in this light. What people ignorant of the institution don’t realise is that because the Senate knows they’re unelected, and will defer to the House of Commons on most occasions, they will rarely vote against government legislation, but will instead focus their attention on their role around scrutiny and any kinds of amendments to bills they can make – and this is even more so in the current era, where you have a government that has stated that they are open to those amendments. They also know that if they did vote down a government bill, there would be tempting a constitutional crisis, which is why they will only do it in exceptional circumstances. Simply counting votes ignores this reality of the Senate’s workings (which is both lazy journalism and poor qualitative political science in a qualitative body, and what the Conservatives agitating against the ISG are counting on). This is also to add that Yakabuski is off-base in describing the workings of the Senate, “new” or status quo, as being “opaque.” It’s not, and you have to go out of your way to ignore the workings if you think it is.

I would also add that Yakabuski also closes his column with praise for the design of the American Senate, citing that “The separation of powers and checks and balances built into the U.S. system expose the vulnerabilities of our own.” Nope. I would rather a system based on confidence and Responsible Government than their “balanced constitution” at any point, and if he thinks their system works better, he hasn’t paid the slightest bit of attention.

Continue reading →

Roundup: Not an election issue to fight over

Posted on by

The leader of the Independent Senators Group seems to have inserted himself into the political discussion by demanding to know where parties stand on the issue of Senate appointments in advance of the next election. Senator Woo’s concerns seem to be that he doesn’t want people to “unwittingly” vote for a party that doesn’t conform to their views on the Senate. I’m going to go ahead and say that this was probably a mistake because it’s very easy to construe that he’s looking to shill for the Liberals since they are the only ones to are half-arsing the issue of Senate modernization, at least in this particular bastardized vision of a completely “independent” Chamber that is more likely to be problematic than anything.

In case you were wondering, the Conservatives say they don’t have a firm position yet, but their democratic institutions critic says she prefers the Harper system of appointing candidates voted on in “consultative elections” – you know, the ones that the Supreme Court of Canada said were unconstitutional because they were attempting to do through the backdoor what they couldn’t to through the front door. Oh, and they support a partisan Senate because they have a “very strong Senate group.” And the NDP, well, they’re still insisting that they want to abolish the Senate, never mind that they will never, ever, get the unanimous support of the provinces to do so. That leaves Senator Woo holding the bag for the Liberals by default, which isn’t a good look if he wants to keep insisting that he’s independent from the Liberals.

And those of us who think that maybe the Senate is better off with Liberals, Conservatives and a group of crossbenchers in roughly equal numbers? Who are we supposed to vote for? I suspect we’re SOL, unless the Liberals decide to change their tune after their “experiment” in a totally independent Senate starts to blow up in their faces and they can’t get bills passed (in part because their Government Leader – err “representative” – doesn’t want to do his job), but yeah. I’m not sure this is an election issue to fight over because nobody knows what they’re doing and we’re going to find ourselves cleaning up the mess made in this institution for a generation to come.

Continue reading →

Roundup: Endorsing the Brexitshambles

Posted on by

In case you haven’t been paying attention, Britain is currently in a state of utter omnishambles as they try to deal with Brexit. A potential deal that was reached resulted in Cabinet resignations, and some very real threats not only to Theresa May remaining as PM, but possibly toppling the government as a whole. It’s lunacy over there right now. Back here in Canada, Andrew Scheer has decided that this was the right time to reiterate his support for Brexit. Because “sovereignty.”

While Scheer can bang on about how much control the UK gave up to the EU, and repeating falsehoods like the canard about the EU having regulations around the curvature of bananas, he both ignores that the EU has created a peace that has been unknown in Europe for centuries, and the fact that much of the Brexit campaign was fuelled by straight-up xenophobia. It’s this latter aspect that is particularly relevant because it’s part of a pattern we’re seeing with Conservatives, as John Geddes pointed out a couple of months ago – that they have this inability to orient themselves in a plausible way with the current nationalist populist trends in conservatism globally. Add to that, there is this naïve notion that they can somehow play with just enough extremism without it going into outright xenophobia or racism (and we’re especially seeing this playout with Maxime Bernier who blows the xenophobia tuba and then acts bewildered that white nationalists start showing up in his new party). But you can’t play with “just enough” extremism, because you can’t actually contain it. And when you wink about things enough times, you can’t act shocked and surprised when your adherents spell out what you were saying – like that post from a riding association Facebook account that posted Harjit Sajjan’s photo with the tagline “this is what happens when you have a Cabinet based on affirmative action.” They’ve only stated repeatedly that ministers in the Liberal cabinet are only there to fill quotas (whereas everyone in the Conservative Cabinet was there “on merit,”) but the moment someone puts Sajjan’s face next to that, well no, that’s totally not what they meant at all. Sure, Jan. And that’s why you can’t actually claim that Brexit is all about “sovereignty,” because it absolutely wasn’t. You can’t divorce the inflated sovereignty concern trolling from the xenophobia – it’s the same mentality as trying to assert that you can use “just enough” extremism for your political ends, but not go all the way.

Meanwhile, Andrew Coyne remains boggled by Scheer’s continued endorsement of Brexit, and wonders if he’s trying to appropriate some of its populist nationalism (the aforementioned “just enough” extremism).

Continue reading →

Roundup: An odious historical comparison

Posted on by

While crude prices in Western Canada continue to take a beating (in part because there is a global supply glut in the market and there are questions about why oil prices got as high as they did recently given market conditions), there are other concerns about investors fleeing the country. Not all, mind you – there are still a number of big-ticket energy projects being signed in the country which defies this narrative that’s going on, but I have to pause on some of the overheated rhetoric being bandied about here, because we need to inject some perspective into the conversation.

For one, the lack of infrastructure to tidewater is because there simply wasn’t an economic case for it until recently. It’s hard to complain that we don’t have it when there was no proper rationale for its existence. Same with refineries – it’s a low-margin exercise and refineries cost billions of dollars to build, and the economic case for building more of them has largely not been there. It’s not just because we have tough environmental regulations in Canada that these projects don’t exist – there weren’t the market conditions.

The other thing that really sets off my alarm bells is this pervasive talking point among oil industry boosters that Canada once built railways, so we should therefore be able to build pipelines. This kind of talk should be utterly galling to anyone who has a modicum of understanding of history in this country, because the railways were built by virtual slave labour from China, following the relocation of Indigenous tribes across the prairies due to starvation and inadequate government aid (while there is some debate over how deliberately starvation was used to force compliance). This is not the kind of thing you want to be touting when it comes to building pipelines, particularly if those opposing construction are other Indigenous communities. And as I’ve pointed out repeatedly, it’s not the high bar of environmental regulations that are killing projects – it’s the fact that successive governments and proponents have tried cutting corners to weasel out of their obligations, and that’s what hurts them, not the minimal additional work it would have taken to properly fulfil those obligations. I get that they’re looking for scapegoats during these trying times for the energy sector, and that nobody wants to look in the mirror, but honestly, trying to compare the railways to this current situation is borderline offensive to anyone who has a modicum of historical knowledge.

Continue reading →

Senate QP: Looking tough and talking out the clock

Posted on by

Following a lacklustre QP in the Other Place, the Minister of Looking Tough on Stuff, Bill Blair, headed for the Senate to take more questions related to his portfolio. Senator Larry Smith led off, asking about the financial pressure put on shelters in cities and provinces related accommodating irregular border crossers. Blair noted that he has been working with Ontario Minister Lisa MacLeod on the file, and noted that for the Toronto shelter system, the referred numbers are self-identified as refugees, which they arranged temporary housing for, and of the more than 400 that were referred to is now down to 35. Smith then laid out a number of facts related to irregular border crossers including the fact that the IRB wait time is around two years, and Blair gave a fairly broad statement about the increase in migration around the world, and that Canada saw similar spikes in irregular claimants in the past, and then veered off into talks about Conservative cuts to CBSB and the IRB that they have been forced to reinvest in, and from there went into the removals of failed claimants, before the temporary speaker cut him off for talking too long.

Continue reading →

Roundup: Di Iorio’s bizarre tales

Posted on by

The tale of absent MP Nicola Di Iorio got even more bizarre yesterday as he started talking to the media, but remained secretive about what he’s been up to since he stopped showing up to Parliament. Di Iorio claims that when he announced his intention to resign in April, there was an outpouring of support from the riding that had him reconsider. Fair enough. He then disputed the reporting that an issue had arisen because he wanted to hand-pick his successor rather than run an open nomination…and then basically confirmed it by saying he wants a hand in picking the successor in the riding and not wanting it to be an open nomination, casting aspersions on the nomination process and claiming the nomination is the election (because it’s a pretty safe seat). So, points for that own-goal.

But wait – it gets even more bizarre. Di Iorio claims that he is on a special assignment from the prime minister that has work that keeps him busy in the riding – too busy to be in Ottawa. And he won’t say what that work is, other than it has something to do with “road safety.” And to add to that, PMO confirmed that he “agreed to continue his work to ensure a smooth transition in his riding and to work on specific files that are in line with his work experience and expertise,” and that he’s expected to announce his decision regarding his future in the coming days. I’m…unconvinced by this. In my ten years covering the Hill, I have never seen any MP disappear for months on a “special assignment” that is so demanding that they can’t show up in Ottawa. I’ve seen plenty of sick leaves, and one or two stress leaves, but never a “special assignment” that has them ignoring their actual duties in Ottawa, where they should be. And why the PMO is being vague about this as well is all the more odd, and smacks of trying to save some kind of face for the situation that Di Iorio has caused. I’m not convinced that any of this is legitimate, so we’ll see what he has to say in the “coming days.”

Meanwhile, here’s Katie Simpson talking about her interview with Di Iorio yesterday.

Continue reading →

Roundup: Proposing a debate commissioner

Posted on by

Yesterday the government unveiled their plan to establish an election debate commissioner, who would set about coordinating leaders’ debates during the next election, along with proposed around which party leaders could participate – rules that would give Elizabeth May an in, but could exclude Maxime Bernier unless he gets an awful lot of candidates in place, and his polling numbers start to rise. The proposed Commissioner is to be former Governor General, His Excellency the Rt. Hon. David Johnston, who is a choice that nobody is going to want to dispute.

Of course, that hasn’t eliminating the grumbling and complaints. The NDP are complaining that they weren’t consulted before Johnston was nominated (not that they’re complaining it’s him), and the Conservatives are calling this a giant affront to democracy and add this onto their pile of complaints that Justin Trudeau is trying to rig the election in his favour. (Not sure how this does that, and it seems pretty cheeky to make these claims when their own unilateral changes to election rules in the previous parliament were panned by pretty much everyone). And Elizabeth May is overjoyed because the proposed rules would include her. Of course, Johnston still needs to be approved by Parliament, and he will appear before the Procedure and House Affairs Committee, but all of this having been said and done, there remain questions as to why this is all necessary. Gould went around saying that this was because Harper didn’t want to do debates in 2015, except that he did debates – he simply didn’t want to do the same “consortium” debates that are usually done and decided by the TV broadcasters, and he most certainly didn’t want to have anything to do with the CBC. The key point they seem to be making is that the 2015 formats saw far fewer viewers than the consortium debates typically attract, for what it’s worth. Is this a reason to implement a new system, that neither compels leaders to participate or broadcasters to air? Maybe, and people will point to the debate commission in the United States.

https://twitter.com/InklessPW/status/1057344603861397506

To that end, here’s Chris Selley asking some of those very questions, looking at some of the problematic behaviour from broadcasters in response to the changed formats from the 2015 debates, and offering some suggestions as to how this all could be avoided.

Continue reading →

Senate QP: Wilkinson’s first appearance

Posted on by

It was to be Fisheries Minister Jonathan Wilkinson’s first appearance in the Senate, still new in the portfolio. Senator Don Plett led off, asking on the Fisheries bill and how it had provisions around captions of cetaceans which were different from those in the Senate public bill that deals with similar matter. Wilkinson first led off by remarking that he used to be a constitutional negotiator and worked on senate reform, before he launched into some prepared remarks on the capture of cetaceans for public display, and said that they support the Senate bill in principle and looked forward to the Chamber’s debates on the Fisheries bill. Plett pressed and raised Wilkinson’s predecessor’s concerns around provincial jurisdiction which would render the Senate bill unconstitutional, and Wilkinson noted that the Senate bill is not government legislation, but the provisions related to whales in the Fishies bill were done with the understanding that it was federal jurisdiction. 

Continue reading →

Roundup: Kenney and Scheer vow to repeat mistakes

Posted on by

There was a conference in Calgary yesterday called “Energy Relaunch,” during which both Jason Kenney and Andrew Scheer laid out plans for how they propose to get the province’s oil and gas industry “back on track” if they were to form government. The problem is that they seemed to have learned absolutely no lessons from the past few years about where the problems and bottlenecks in the process lie, and what to do about them. Their solutions tended to be to use bigger bulldozers and to gut more legislation, and Kenney more specifically included funding the legal challenges of resource-friendly First Nations communities and targeting “foreign-funded” organisations that opposed development (because it’s all one big conspiracy by the Tides Foundation, and however else makes a convenient scapegoat). But if anyone has paid any attention to the court decisions over the past number of years, especially over Northern Gateway and Trans Mountain, the theme that emerges is that they have been slapped down because successive governments have attempted to cut corners and weasel out of their obligations rather than doing the hard work of proper assessments and consultation with Indigenous communities that would get them the approval they were looking for. The current Liberal government seems to get this fact and is proceeding accordingly when it comes to Trans Mountain, while Scheer and Kenney wail and gnash their teeth about how they didn’t appeal the decision to the Supreme Court of Canada (without articulating what the error in law was), or somehow legislating away the problems (never mind that retroactive legislation will lead to more litigation, and you can’t legislate away your Section 35 duty to consult obligations).

Kenney also promised that if made premier, he would launch a “war room” to counter any critics of the oil sands in real time. The problem is that hasn’t worked to day, and won’t work going forward, but Kenney refuses to grasp that reality.

Energy economist Andrew Leach was also presenting at the event, and has some thoughts as to what he heard as well:

Continue reading →

Roundup: Finishing a ham-fisted job

Posted on by

In the wake of Karina Gould’s appearance at Senate QP earlier this week, the ISG is reaching out to the media to push the narrative that they desperately need changes to the Parliament of Canada Act in order to “finish the job” of making the Senate “independent,” which has me giving a bit of a resigned sigh because it feels to me a bit like someone climbing onto a steamroller when they’ve barely taking the training wheels off of a bicycle. While there are arguments to be made for changes to the Act, it ignores the fact that it’s actually fairly difficult to do (previous attempts to change the Act have been curtailed because of legal opinions that have stated that it may require the consultation of the provinces), and the fact that it’s probably premature to start making these changes.

While on the one hand, I understand that the ISG is looking to cement changes to the Senate in advance of the election in the event that the Liberals don’t win and a hypothetical Andrew Scheer-led Conservative government starts making partisan appointments again, and they want to protect the gains they’ve made, but on the other hand, they really still haven’t even learned how the Senate operates currently, so demanding changes in advance of that seems a bit precious. The fact that they haven’t managed to figure out some pretty basic procedure (while complaining that it’s being used against them) and then demanding the rulebook be thrown out and rewritten to suit them is problematic, and making what amount to permanent changes to the institution on the basis of what is currently a grand experiment seems completely foolhardy – particularly when they have already negotiated workarounds to most of the issues that are currently irritating them, such as funds for the ISG, while I’m really not sure why the length of vote bells is being treated as a dire circumstance demanding action.

The other thing that bothers me with the interview that Senator Woo gave is that he’s demanding that Trudeau pick up the reins with this modernisation while he’s thus-far been content to let Senators figure it out. Granted, there is an element of “he made this mess and now he’s letting everyone else clean it up” to the whole thing, but I’m not sure I want to trust Trudeau to finish the job of “modernising” the Senate because of the fact that he’s caused significant damage that a future generation is going to have to undo, and along the way, he’s managed to centralise more power within the caucus room as part of his ham-fisted “fix” for a Senate problem that didn’t actually exist. Trying to get him to finish the job may simply be inviting bigger problems that will take even longer to undo.

Continue reading →