Tag Archives: The Senate

Roundup: No, the Senate can’t fire Lynn Beyak

Posted on by

After another week of sustained outrage about Senator Lynn Beyak, with mounting calls for her resignation, and the exasperated commentary of those Indigenous groups that have tried to educate her as to the reality of the situation that Beyak has seen fit to comment upon, we’ve also started to see articles speculating on ways that the Senate can be rid of her. Those suggestions would be a grievous mistake.

We can all agree that what Beyak has said is odious in the extreme. But the performative outrage that she should be expelled from the Senate does cross a line because as much as we all disagree with Beyak, she hasn’t broken any laws or violated any ethics rules. She may have views that are on their face racist (though she probably doesn’t see them that way – the Conservative senators that I’ve spoken to pretty much consider her a clueless Pollyanna figure who nevertheless has deeply held Christian beliefs that inform her particularly selective world view), but those views are neither illegal nor contrary to the rules of the Senate. And we should be wary of trying to regulate Senators’ speech, because that is a gross violation of parliamentary privilege. We also can’t ignore that Beyak gives voice to an ignorant segment of the population, and when she raises these views publicly, she has given rise to a debate that such a segment of the population isn’t usually exposed to. Simply demanding her removal for it is hugely problematic for all manner of reasons.

Now, the Conservative caucus has taken the steps to minimize her role as much as possible – she is off all committees, and thus marginalized from having any position of influence. Why she remains in caucus is likely because they want to maintain their plurality in the chamber for as long as possible, and with ten current vacancies (and a couple more pending), that will likely change in the coming weeks, but for now, they are looking to maintain their numbers, and Beyak’s remaining in caucus does that for them, however they’ve sidelined her. And once the Independent Senators Group forms the plurality, the Conservatives’ impetus to keep her may change, but they may also hope that she can be redeemed, as it were, with more education (and perhaps a dose of humility). Maybe. Or, this could be an early sign of trying to phase her out, where there can still be some modicum of caucus control over her actions rather than simply turning her loose, which might actually embolden her (because then she’ll be a martyr for the cause). But let’s hope that this is the Senate’s version of phasing her out.

Continue reading →

Roundup: Say no to written guidelines

Posted on by

In the pages of the Hill Times, recently retired Liberal Senator George Baker opined that he thinks the Senate needs written guidelines to restrict how bills can be amended or defeated. Currently, there is the constitutional provision for an unlimited veto, and a general principle followed by senators that they don’t defeat (government) bills unless it’s a Very Serious Matter because they know they’re not elected and don’t have a democratic mandate to do so. And as much as I appreciate the learned wisdom of Senator Baker (and his retirement is a tremendous loss for the institution), I’m going to solidly disagree with him on this one.

For one, our institutions in their Westminster model are predicated on their flexibility, which allows for a great deal of evolution and adaptability, and adding too many written guidelines to hem in powers – powers that were given to the institution for a reason – rankles a bit because there will always be situation for which those powers may become necessary to use. Too many guidelines, especially when it comes to amendment or veto powers for a body for whom that is their entire purpose, takes away their power and ability to do the jobs that they are there to do in the first place. As with the constant demands for a Cabinet manual to spell out the powers of the Governor General, it’s the first step in removing discretionary power, and giving political actors (especially prime ministers) ways to go around the other constitutional actors, be they the Senate or the Governor General, which is something that should worry every Canadian. As well, codifying those powers opens up the possibility of litigation, and you can bet that our friends at Democracy Watch are salivating for any chance at all to start suing the Senate based on their not living up to whatever guidelines are drawn up, thus further imperilling the exercise of parliamentary privilege and the separation of powers between Parliament and the courts. So no, I don’t think written guidelines are needed, nor would they be helpful. At least not from where I’m sitting.

Meanwhile the Senate’s Internal Economy Committee members published an open letter to Senator Peter Harder in response to his Policy Options op-ed on independent oversight for the Senate. Suffice to say, they weren’t fans. (My own response to Harder can be found here).

Continue reading →

Roundup: Neglecting a vital institution

Posted on by

Of the things that vex me about our current government, their tacit endorsement of republican sentiment in this country is high on my list. The fact that they have allowed the Conservatives to take up and politicise the monarchist space in the Canadian landscape is shameful, and the fact that they have allowed the position of Canadian Secretary to the Queen to lapse is just one more sign of this particular antipathy. For all that he professes his affection for Her Majesty, Justin Trudeau seems to have a pretty difficult time reflecting that in his government’s particular decisions, and we will pay the price for it. That the work of arranging royal tours and being the link to Buckingham Palace is being left to the bureaucrats in Canadian Heritage is not a good thing. Everything I have heard about the job they do is not only that they are plagued with incompetence when it comes to the actual work of dealing with the Canadian Monarchy, but the tacit acknowledgement of my sources that those very bureaucrats charged with the responsibility are themselves republicans is hugely problematic. That they are the ones offering advice to the government is a very big problem. And that Trudeau appears to be neglecting this very important relationship is worrying. I know that there are monarchist Liberals in the ranks, and I hope very much that they can start to raise a fuss about this, because it’s a very worrying road that we are now on, and this kind of neglect can do lasting damage to our most fundamental institution, which we should all be very concerned about.

Meanwhile, Paul Wells had an exit interview with Governor General David Johnston, and brought up the issue of debating abolishing the monarchy. Johnston, bless him, pointed out that the countries that most satisfy the needs of their people tend to be constitutional monarchies, so we’ve got that going for us.

Continue reading →

Roundup: An indefensible communications strategy

Posted on by

If you’ve been wondering what the Conservative communications strategy around the planned changes to private corporation taxation, then it’s your lucky day as VICE got a copy of the talking points and then fact-checked them. In short, it’s predicated on a combination of extreme cases, lies of omission, and misdirection – so pretty much what you’d expect if you’ve been paying attention these past few weeks.

All of this is being further exacerbated by a growing number of Liberal MPs who have become victim to their own government being unable to actually articulate what these changes really mean and who have come up with a communications strategy that is more interested in sloganeering than it is on correcting the active misinformation campaign that has been going on, and which isn’t actually fighting back against said misinformation through a series of pointed questions like “How exactly is income sprinkling the thing that’s spurring entrepreneurship/growth/investment?” like keeps being brought up, or “You read the proposal where reinvesting in the business isn’t being additionally taxed, right?” And while sure, there may be some issues with family farms when it comes to capital gains for passing it on from generation to generation, or with the potential compliance burden to ensuring that any of these ongoing measures are actually above-board, those aren’t what we’re hearing. Instead, it’s this nonsensical braying about how small business “deserves” these tax breaks for “risk” (false – risk was never why these differential tax breaks were introduced, but rather, a lower small business tax rate was introduced in 1972 because at the time, they had difficulty getting bank loans). Braying that nobody is pushing back against, and that’s part of the problem.

Continue reading →

Roundup: Unexpected PBO problems

Posted on by

As it turns out, there is another problem with the legislation that turns the Parliamentary Budget Officer into a full-fledged independent officer of parliament rather than his current status as being part of the Library of Parliament – it just so happens that they need to request any information from ministers themselves and not from civil servants. And nobody flagged this issue during study of the bill when it was before Parliament. Oops.

The concern from the PBO is that this could automatically politicise the work, as though that wasn’t already happening. After all, the PBO has become the opposition’s favourite cudgel to bash the government with, and shield by which to hid behind in order to insist that the report comes from the “objective, non-partisan” PBO and therefore is sacrosanct. Not to mention, that the creation of the office has meant that MPs have one more person to fob their homework off onto rather than doing it for themselves. After all, math is hard, and they have better things to do. So will the change have any material effect? Hard to say, given that the bureaucracy has been reluctant to share all of the requested information to date, and a government that is happy with the PBO one day can quickly become a government that is unhappy with him the next, and they could start insisting that all information is cabinet confidence. But they can already do that with information being requested by way of the civil service, so perhaps that’s a moot point. Only time will tell.

Meanwhile, there have been no efforts to rein in the scope of the PBO’s work, which could become a different sort of problem down the road. Ontario’s PBO-equivalent released a report yesterday that seemed to be a little outside of its mandate, leading to indications that perhaps there are problems brewing.

https://twitter.com/kevinmilligan/status/907646770301333504

https://twitter.com/kevinmilligan/status/907648125870866433

Continue reading →

Roundup: Unveiling the critics

Posted on by

Andrew Scheer unveiled his list of critics – err, “shadow cabinet” yesterday, and all of the attention is on how leadership rivals fared. All eyes were of course on Maxime Bernier, who didn’t get the finance portfolio that he was publicly lobbying for – which was rather impolitic of him to have done so it needs to be said. Instead Bernier got the industry portfolio, which is still a major economic portfolio and one where he will get to rail about corporate welfare to his heart’s content. And the finance role that he so coveted? That went to Pierre Poilievre, which is something that Liberal partisans everywhere were salivating over, seeing as Poilievre is not exactly someone with poise and tact, and will be in the media a lot (though I will note that he’s better than he used to be).

And those other leadership rivals (who are still in the caucus)? Well, Erin O’Toole got Foreign Affairs, Steven Blaney gets veterans affairs, Michael Chong gets infrastructure, and Tony Clement (for his short-lived leadership ambitions) gets public services and procurement. (Lisa Raitt, meanwhile, already got the coveted deputy leader position, you will recall). But Kellie Leitch, Brad Trost and Deepak Obhrai were all left off the list – all while insisting that they’re happy with things, and that there are no hard feelings, etcetera, etcetera.

But all of this makes me wonder once again why so many of these no hope leadership candidates bothered to stay in the race to the bitter end, as if it was going to mean good standing in the party going forward. I’m not seeing a lot of “good standing” coming out of this, despite the way that it’s being parsed as healing divisions in the party, especially as the more extreme voices of Leitch and Trost being kept on the outside. Leitch, and to a certain extent Trost, humiliated themselves by running terrible campaigns that got them lots of attention but little else, and they are further marginalized by being kept away from the front bench going forward. This justifies those campaigns in what way? It’s why I find the whole exercise of the leadership campaign even more mystifying (beyond the fact that the way in which we conduct them is part of what is wrong with the way our system has been bastardized). The return for no hope campaigns is so limited that I’m can’t see the rationale, but maybe that’s just me.

Meanwhile, Paul Wells and Andrew Coyne each parse what the picks mean about the kind of face that Scheer is trying to put on the party, and the ways in which he is trying to make a mark in the post-Harper era.

Continue reading →

Roundup: Those “sexist” tax changes

Posted on by

Pushback on the proposed income tax changes increased in intensity, with the Canadian Medical Association launching broadsides at the policy under the rubric that it’s “sexist” and will drive doctors out of the country, while Conservatives have taken these arguments to social media, Lisa Raitt policing news aggregators and Kellie Leitch penning fundraising letters. Jane Philpott, addressing a CMA conference, assured them that they were operating under misinformation and that the goal of the changes was tax fairness – that those with spouses earning significantly less money or having adult children shouldn’t unfairly benefit from the existing system than those who don’t.

I did try to get some answers as to how this policy was “sexist,” because I’m not entirely convinced that these changes prevent people from using money in the corporation to finance parental leaves, never mind the fact that the previous government made a Very Big Deal about changing the EI system to allow self-employed people to contribute in order to finance maternity leaves – something that received very little uptake. And most of the stories that Raitt pointed to were anecdotal that didn’t point to where these policy changes were a problem – one example was a Facebook post where a dentist insisted that these current policies were what allowed her to keep up with male counterparts, which is an argument that makes no sense at all. They don’t prevent incorporation. They don’t prevent deductions of expenses or reinvestment in the business – it’s about not letting people use income sprinkling or splitting for the sole purposes of reducing their taxes. Not that it’s stopped the narratives that this hurts doctors or struggling small businesses.

https://twitter.com/kevinmilligan/status/899703766282190848

And this is a salient point – in Ontario, the provincial government encouraged this kind of incorporation rather than increase what they’re paying doctors, so you can see why they’re upset that these tools are being taken away from them. Nevertheless, it also largely proves that their arguments are fairly disingenuous, especially when they insist that “it’s not about the money.” But with none of their other arguments actually panning out, it seems to be that’s exactly what it is, and it’s fine if they come out and just say it. But to put on this song and dance about how the changes are “sexist” and that it somehow disproves Trudeau’s feminism, and ignoring the stated purpose of the changes with regards to tax fairness, makes the excuses start to ring fairly hollow.

Continue reading →

Roundup: Butts/Bannon brouhaha

Posted on by

Tongues were set wagging in the Nation’s Capital yesterday when The New Yorker claimed that Justin Trudeau’s principle secretary, Gerald Butts, had struck up a friendship with Donald Trump’s chief strategist Steve Bannon, of Breitbart fame. Apparently, Bannon sees Butts as the left-wing version of himself, or something, and Butts allegedly told him that there’s nothing more populist than a rich guy raising taxes on the wealthy. And while everyone clamoured for some kind of confirmation out of PMO, getting non-denials from official sources, and “it’s just business” from the less official sources, none of the Canadian stories that I read stopped at the part where the New Yorker piece claimed that Trudeau reversed a polling slump by pushing through these tax measures. While I will readily admit that most polling stories give me hives, especially two years out from an election, I can’t for the life of me recall this having happened – Trudeau’s poll numbers have remained stubbornly high, and only really dipped a little when Andrew Scheer won the Conservative leadership, because at that point there was an actual face that people could put to the poll questions (never mind that questions related to which leader one would vote for are illegitimate given our system of government). Trudeau putting forward these tax changes were the first piece of legislation that they tabled, and while it took a while to actually pass (during which time a budget had also been tabled and passed), it had no actual effect on his polling numbers. Where the New Yorker got this particular tidbit is mystifying to me, and why Canadian outlets didn’t call bullshit on this – and subsequently look side-eye at the other claims in the piece – is similarly baffling.

https://twitter.com/EmmMacfarlane/status/898019574590976000

Of course, the story would not be complete without Thomas Mulcair coming out to theatrically demand that Butts disavow this “friendship” given all of the drama around racism and white nationalism in the States over the past few days. The problem of course is that a) Butts is not an elected official, and b) there are NAFTA talks underway, and it would be really bad form for our government to so blatantly thumb our noses at the Americans in this way. Keeping a working relationship going would seem to be the most prudent course of action – but that never seem to be the course that Mulcair advocates.

Continue reading →

Roundup: Commence the negotiations

Posted on by

We’re still talking NAFTA? Of course, we’re still talking NAFTA, as negotiations actually get underway today, so that’s exciting. If you need any more background (on top of what’s been said for the past several days) here’s a look at why Chrystia Freeland’s list of demands – especially around local procurement and labour mobility – might be a tough sell in the States, while the proposed chapters on gender and Indigenous issues are likely to be seen as simply expressions of the Trudeau government’s values. And while there aren’t any expectations that these negotiations will be easy, given that Trump is an Uncertainty Engine, trade experts are pointing out that Canada has more leverage than we think we do.

Meanwhile, Paul Wells had plenty to say about the past couple of days:

https://twitter.com/InklessPW/status/897422434017697792

https://twitter.com/InklessPW/status/897422919432888320

https://twitter.com/InklessPW/status/897423348501807104

https://twitter.com/InklessPW/status/897425726424702976

https://twitter.com/InklessPW/status/897426057942454272

This particular observation strikes me as so utterly unsurprising. (Seriously, MPs – you can do better):

https://twitter.com/InklessPW/status/897424893817610240

https://twitter.com/InklessPW/status/897428762215809024

And one more, because seriously:

https://twitter.com/kevinmilligan/status/897469441721552897

Continue reading →

Roundup: Concern trolling over tax loopholes

Posted on by

There’s been a great deal of concern trolling going on over the past few days when it comes to the planned changes to self-incorporation to close the tax loopholes found therein. Conservative leader Andrew Scheer tweeted out another of his disingenuous messages yesterday, talking about “hiking taxes” on doctors – who are leading the concern trolling charge against this closure of self-incorporation loopholes – which is not surprising, but nevertheless not exactly the truth about what is going on.

Meanwhile, economist Kevin Milligan has been dismantling the concern trolling arguments with aplomb, so I’ll let him take it from here:

https://twitter.com/kevinmilligan/status/895338880961961984

https://twitter.com/kevinmilligan/status/896066789569777664

https://twitter.com/kevinmilligan/status/896067622332022784

https://twitter.com/kevinmilligan/status/896068604008910848

https://twitter.com/kevinmilligan/status/896069143002140672

https://twitter.com/kevinmilligan/status/896069848106647552

https://twitter.com/kevinmilligan/status/896070338647175170

https://twitter.com/kevinmilligan/status/896070769976815616

https://twitter.com/kevinmilligan/status/896109673312473088

Continue reading →