Tag Archives: The Senate

Roundup: Items left undebated

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With the Commons now having risen for the holidays, there is another day or two left of work left in the Senate before they too head off for their holidays, but as Kady O’Malley points out, they are having a bit of a problem getting any bills that aren’t supply-related passed in any reasonable timeframe. The extent to which this is an actual problem just yet is up in the air – yes, fewer bills have passed to date in this current parliament, but some of them have been pretty major issues (like assisted dying), while we’ve also seen far less use of procedural tools like time allocation to ram through bills without sufficient time for debate or committee study. (We’re also not seeing massive omnibus bills being rammed through either, so points for that).

Part of the problem is simply that senators are letting items stand on the Order Paper in their name for weeks at a time, which is not uncommon in the Senate, but there has been little effort to move some of these pieces forward, and I’m not entirely sure why. In my own estimation, part of it has to do with the new normal in the Senate, where there is no longer a government caucus, and the Government Leader – sorry, “government representative” thus far hasn’t really been communicating much urgency on any particular bills so far as I can tell. Maybe I’m wrong, as I’m not privy to any discussions that he is having with other caucus leaders. Some of it I would imagine is delay engineered by some Conservative senators because they feel that measures were adopted too quickly by the House of Commons without what they would consider to be adequate scrutiny (which I would imagine the ostensible reason on holding up debate on the trans rights bill would be), while some of it is partisan stubbornness (like the bill to undo changes the previous government made to unions or citizenship revocation). Senator Peter Harder could start to invoke time allocation on those bills if he so chose, and with there now being enough non-aligned senators having been appointed to surpass the votes of the Conservatives in the Chamber, he may now be in a position to convince them that this is the way to go.

Time allocation is a tricky beast in the Senate, however, and while the previous government did not hesitate to use it in the Senate when they felt they needed to, it is a blunt instrument and Senators need to be careful that they’re not putting themselves in a position of being treated like backbenchers in the Commons. Part of what needs to happen is clear lines of communication between the government and senators who want to speak to bills so that they have timelines in mind (and to be fair, some of them may have a lot on their plates right now). But there shouldn’t be an expectation that bills need to be sped through the Senate just because they’re government bills – they already get priority in all aspects of the Senate process, but if there is a sense of urgency, that needs to be communicated.

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Senate QP: Grave fears of the Trumpocalypse

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For the final ministerial Senate QP of the year, with special guest star Environment Minister Catherine McKenna. Senator Carignan led off asking about whether she would advocate for natural gas as a transitional measure away from coal, and the development of shale gas reserves as the Obama administration did. After a bit of a preamble, McKenna noted that they were in a transitional phase which won’t happen overnight, and that while they approved an LNG project in BC, they approach each project on its own to evaluate the science of their impact while at the same time looking for opportunities to market our resources.

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Roundup: A bad term-limit promise

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Senator John Wallace announced yesterday that he’s keeping his pledge to Stephen Harper and resigning after eight years in the chamber despite the fact that he won’t have reached the mandatory age of 75. Of the other cohort of Senators that Harper appointed in late 2008, only Pamela Wallin has indicated that she plans to also end her term after 8 years – but not including the time she was suspended, so she’s got a couple of years left to go. Other senators from that cohort have either said that their pledge was conditional on Harper’s reform plans, which went down in flames after the Supreme Court of Canada shot them down spectacularly, or that they still have things left to accomplish, which is fair. But you know there is a whole crowd of people waiting for them to fail to live up to this “promise.”

Here’s the thing – it was a bad promise that Harper never should have extracted because short term limits are antithetical to the design of our senate, and that a mandatory retirement age of 75 is actually part of its structural guarantees. By having security of tenure, senators are able to exercise institutional independence, and by ensuring that they have employment until age 75, there is not the temptation for them to try to curry favour with the government in order to try and win some kind of post-Senate appointment (be it a diplomatic posting, or heading and administrative tribunal or commission). The lack of term limits like Harper was proposing were part of what is supposed to keep senators more independent and less beholden to the party leaders than MPs are. But it’s not like Harper was trying to undermine the Senate’s ability to be independent – oh, wait. He spent his nine years in power doing exactly that. So no, I will not be joining in the chorus demanding these senators resign, and in fact, I think Wallace is making a mistake in doing so.

Meanwhile, the Senate has grave concerns about bill S-3 on gender inequities in registering First Nations identity with the government, which the minister herself has acknowledged has problems but she wants them to pass it anyway because there’s a court deadline which she said they couldn’t extend, but now it looks like they’re going to. Also, this was a government bill introduced in the Senate so you can’t even claim that it goes against the will of the Commons. Once again, the Senate is doing its job, and oh, look – Andrew Coyne is furiously clutching his pearls over it, while National Post reporter’s description of the current state of the Senate is that they’re moving away from rubber-stamping bills which was never their role in the first place. Honestly, my head is about to explode about this. Again.

https://twitter.com/acoyne/status/808862320478875651

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Roundup: Questions about fundraising

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This whole fundraiser headache just won’t go away, and at this point, I just want to bang my head against a wall because all sides are just making this whole situation way more needlessly gross than it needs to be. At his end-of-year press conference yesterday, Prime Minister Justin Trudeau said that at fundraisers, people do talk to him about stuff and he listens, but that doesn’t really influence his decision-making. And I’m a little queasy about everyone labelling this as “lobbying” because that has a fairly specific term and any actual lobbyists need to be registered, which the party makes an effort to screen them out of these events. According to the opposition, this was “bragging” as opposed to the reality that when you’re the PM, people will want to tell you stuff all the time, so unless the suggestion is that he doesn’t attend fundraisers any longer, then I’m not sure how you stop people from taking that opportunity to try and tell the PM their great idea/issue they’re passionate about that he could totally do something about/etc. The NDP are vowing to introduce a bill to put the government’s ethical guidelines into legislation, but how do you legislate the “appearance” of conflict of interest? It’s a subjective measure that the media and the opposition have been torqueing with no actual demonstrated quid pro quo (and no, insinuation based on coincidental timing is not actually proof of quid pro quo), and I’m not sure what they’re exactly suggesting they give the Ethics Commissioner power to do when it comes to regulating said appearance of conflict, but giving yet more power to an unaccountable officer of parliament rankles on me even more.

And then there’s the Trudeau Foundation. After they embarked on new fundraising efforts because of low interest rates were hitting their ability to do their work, and lo, they suddenly have new donors, some of them Canadians with foreign connections. This apparently is a sign of a conspiracy that people are somehow trying to curry favour with the Prime Minister, despite the fact that he has severed his ties to the Foundation before this happened. (Apparently this too goes into “appearance” of conflict where none actually exists). Oh, and it’s also apparently suspicious that some companies have increased their lobbying of a new government. Because it’s not like you want to get your points to the new people in charge when you’re looking to change policies that the previous government implemented (or refused to). That’s kind of how lobbying works. It’s not necessarily nefarious.

And to tie this all off, the Globe and Mail ordered polling on “cash for access” fundraising (never mind that what happens at the federal level bears no resemblance to what went on in Ontario), and wouldn’t you know, most people don’t like it. And half of respondents think that you can buy government influence for $1500? Honestly? This is the media not doing our jobs to show how government works, but is just reinforcing stereotypes about crooked politicians being on the take. It’s kind of gross, and we should be better than this.

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Roundup: A small government climbdown

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Sometimes it’s not just that the Senate is everyone’s convenient punching bag in federal politics – it’s also what they like to dangle before the media to show that they’re serious about some issue or another. Early on in the parliament, it was Conservatives who were supposedly going to flex their muscles to defeat all kinds of government bills in the Senate, which never happened, and now we’re getting threats from the new independent cohort. This time, it’s Bill C-29, the government’s budget implementation act, and a provision therein that has Quebec all hot and bothered because it would affect their consumer protection legislation as it relates to the banks.

https://twitter.com/acoyne/status/807715472296833024

https://twitter.com/acoyne/status/807715828141584384

https://twitter.com/acoyne/status/807716568276856832

The government has maintained that because this is a federally-regulated sector that they have jurisdiction. Quebec disputes this, says that they have a Supreme Court of Canada decision to back up their position, and premier Couillard has been asking the government to remove this section from the bill, and impressing upon Senators to do something if the government won’t. New Quebec Senator André Pratte has apparently been making the rounds to do just that, while Government Leader in the Senate – err, “government representative” – Senator Peter Harder has responded with the usual plaintive wail that the Senate should respect the will of the House of Commons, never mind how much he was praising up and down the work they did on amending the assisted dying legislation just a few months ago.

But the pressure from the Senate may have already come to good effect. In Question Period of Friday, the finance minister’s parliamentary secretary, François-Philippe Champagne, announced a particular government climbdown on the issue:

We are going to continue working with consumer groups, stakeholders, and the provinces and territories to develop regulations and enforce the law. We are going to delay the implementation of some provisions of division 5 of the bill so that the Standing Senate Committee on Banking, Trade and Commerce can examine this important issue more closely.

In light of this development, should the Andrew Coynes of the world really be wailing and gnashing their teeth about the Senate supposedly overstepping their authority, or not respecting the will of the Commons? Or should we acknowledge that they heard the concerns that the government steamrolled over with their majority and forced the government to acknowledge that hey, maybe there is a problem that we should fix? Because I’m getting awfully tired of constantly hearing about how the Senate is somehow becoming this de facto ruling body of appointees, when it’s anything but. It’s doing the job that it was intended to do, which is sober second thought – particularly when there is a government with a majority, and with more independent senators in the chamber, they’re not taking orders from PMO to push things through. This is their job. This is what they’re supposed to do. Can we please tone down the histrionics about it?

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Roundup: Desmond’s deserving recognition

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The news was announced yesterday that Bill Morneau had chosen Canadian civil rights icon Viola Desmond to grace the new $10 banknote, which is being hailed pretty much universally as an excellent choice, and certainly the one that I had been hoping for when the shortlist was announced. As soon as it was announced, though, we got inundated with a flood of headlines declaring Desmond to be “Canada’s Rosa Parks,” which starts to grate because Desmond’s stand against segregation began nine years before Parks’ did, but she has largely been an unknown in Canadian history. I hadn’t even really heard of her until the History Minute last year (and side note, not only was it a compelling story, but I was pleased to see that Battlestar Galactica’s Kandyce McClure played her), and it was a reminder that yes, we too had segregation in Canada, albeit a subtler one because it wasn’t entrenched in legislation. That Canadians identify Parks before Desmond is part of our problem with our own history, both in that we have a tendency to whitewash much of it, but also that we are so inundated with Americana that our own achievements get lost in it (such as when Upper Canada was the first jurisdiction in the British Empire to end slavery). Of course, part of why Desmond’s case has been obscured in history has to do with the fact that her case was ostensibly one related to tax evasion (for the one cent theatre tax she did not pay to sit in the lower seats despite requesting to pay the higher priced ticket) and her lawyer didn’t push the racial discrimination angle in court. Hopefully, this inclusion will help to rectify this wrong, to restore Desmond’s rightful place in the history books and in the popular consciousness about civil rights in Canada.

Chatelaine has seven facts about Desmond. Former Nova Scotia lieutenant governor Maryann Francis talks about when she was able to give a Free Pardon posthumously for Desmond and the meaning of it for her. Maclean’s digs into its archives to look at Desmond and the issues of racism in Nova Scotia going back decades.

Meanwhile, there have been a few comments about how our wartime prime ministers, Sir Robert Borden and William Lyon Mackenzie King will no longer be gracing banknotes, while Sir John A Macdonald and Sir Wilfred Laurier are moving from the $5 and $10 banknotes to the $50 and $100, with accusations that this means that we’re somehow “effacing history.” The thing is, Borden and King are in plenty of other places in our history books, while a person like Desmond is not. I think we have room enough to learn about the contributions of more than just the great white men of history and making it more inclusive. That’s hardly effacing history – it’s opening it up.

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Roundup: Giving the PMO too much credit

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Over the past day-and-a-half, everyone and their dog has had an opinion about just what Maryam Monsef was thinking when she stood up in Question Period and said that the electoral reform committee hadn’t done their job in bringing forward a recommendation and then tried to use the Gallagher Index equation as a way of ridiculing their work. And when she stood up in QP to apologise yesterday no less than five times, the opinions got more and more “sure” that everyone knew just what was going on.

https://twitter.com/acoyne/status/804730651652096000

And while I am always happy for a Thick of It reference where I can get it, I’ve seen a lot of tweets over the day that have basically posited that Monsef is this vacuous cipher for the PMO, and that she’s just reading the lines assigned to her, and it bothers me. Why? Because Monsef isn’t vacuous. Quite the opposite in fact, and while she may stick to her lines in QP and have all the sweetness of saccharine, she’s very deliberate in the way she responds (as she articulated to John Geddes here). So yes, she prepared for Thursday’s QP and had some lines prepared, including the one about the Gallagher Index, but she also knew that she was going to be bombarded with a bunch of ridiculous questions from the opposition parties who overread the conclusions of the report. Did she go too far? Yes, absolutely, and I think she recognised that. But she’s also been handed a really shit file to manage, and she’s got a tonne of work to do in stick-handling it.

Essentially, the Liberals made a foolish promise that they probably knew they couldn’t keep, but they also managed the expectations around it somewhat with promises for consultation that gives them an out. It was also just one item in a comprehensive reform package, most of the rest of which is well on the way of being implemented, but they went and oversold this one item and now they need to figure out how to break it without looking like they’re breaking it for self-interested reasons. And no, I don’t think they want to break it just because the current system worked out for them – rather, they realised that the alternatives are not actually better for our system in general. Part of how they can hope to break it is to show that the other parties are unreasonable and no consensus can be reached, and to a great extent, the electoral reform committee report demonstrated that, but Monsef went and overshot and her own party members got hit with friendly fire as a result. And now they need to keep up the charade a while longer, but this is something that they need to smother, but they can’t look like that’s their plan, and Monsef has a hell of a job trying to manage that.

Oh, and for everyone who asserts that this is just the PMO pulling the strings instead of the minister, I’m less convinced. I’ve had conversations with people who’ve worked in Queen’s Park who now work here, and their assessment is that this actually is government by cabinet – the centre is not stickhandling everything, and I’m not convinced that Monsef, as junior as she may be, is just a puppet like so many Harper ministers were. The evidence just isn’t there for me.

Meanwhile, Colby Cosh offers some more context for that whole Gallagher Index nonsense, while Paul Wells manages to better interpret Monsef’s reaction and the real reason why the committee failed, which has to do with the referendum question. Andrew Coyne mystifyingly tries to equate the issue with free trade, while again insisting that Monsef is just a cipher for the PM.

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Roundup: Taking out the caucus ballgag

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One of the cheapest attacks in Question Period on any given day is the rhetorical device where an opposition member laments that no member of the government benches from any given province will stand up to defend their province from whichever government programme they’re feeling aggrieved about. It’s one of those questions that seems largely directed to the backbenches, as if they were actually permitted to respond to questions (they can’t), but the questioner will always claim that it’s directed to members of cabinet from that province. And sometimes members of cabinet from that province will respond – witness Ralph Goodale taking Conservatives from Saskatchewan to school over carbon pricing denunciations, and yesterday, it was the NDP trying to needle Liberal MPs from BC over the approval of the Kinder Morgan Trans Mountain pipeline despite the fact that there was some vocal disagreement from Liberal MPs. And of course, in true partisan fashion, NDP MPs started tweeting out nonsense like this:

https://twitter.com/r_garrison/status/804054400926892033

But what’s throwing them for a loop is the fact that Trudeau is letting these MPs go public with their disappointment. There were no gag orders, they put out statements on their websites and Facebook pages, and they didn’t shy away from the press during caucus ins and outs yesterday, and even went on the political shows to express said disappointment. And it bears repeating that this is actually a shocking development because the PM is allowing members of his own party to have some public dissent rather than demand absolute lockstep agreement in public or so-so-solidarity on all things. *cough*NDP*cough* We haven’t seen this in Canadian politics in a long while. Usually when disagreements over regional issues get bad, we see things like Bill Casey leaving the Conservatives in protest (and eventually, a couple of election cycles later, crossing to the Liberals and getting re-elected under that banner). Rather, Trudeau is openly acknowledging the dissent and making moves to placate them in public and not behind the caucus room door. While one may criticise him for a great many things in the way that he has managed his caucus since becoming leader (including a great deal of centralization of power), I will give him points for the way this is being handled. I sincerely doubt that if this were happening under any other party that they would broker for any public dissent on the file.

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Roundup: Two yays and a nay

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The government announced its decisions on three pipelines yesterday – no to Northern Gateway (and a tanker ban on the north coast of BC was also reaffirmed), but yes to Kinder Morgan expansion and Line 3 to the United States. There are a lot of people not happy on either side – the Conservatives are upset that Northern Gateway also didn’t get approved, saying this was just a political decision, and the NDP and Greens (and the mayor of Vancouver) unhappy about the Kinder Morgan announcement, Elizabeth May going so far as to say that she’s willing to go to jail for protesting it.

None of this should be a surprise to anyone, as Trudeau has pretty much telegraphed these plans for weeks, if not months. And as for the critics, well, Robyn Urback makes the point that I do believe that Trudeau was going for:

In fact, Trudeau said as much yesterday in QP when he noted that they were sitting between a party demanding blanket approvals on everything, and another party opposed to approving anything, so that was where he preferred to be. He’s spending some political capital on this decision, including with some of his own caucus members who are not fans of the Kinder Morgan expansion, but he has some to spare, so we’ll see whether he’s picked up any support in the west, or lost any on the west coast when this all blows over.

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Senate QP: Joly is all about consulting

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This week’s ministerial Senate Question Period was hosting special guest star Mélanie Joly, minister of Canadian heritage and official languages. Senator Plett led off, raising the issue of the the request by CBC for an additional $400 million to go ad-free, demanding to know her response. Joly didn’t answer directly, talking about the consultations that she was undertaking around the disruption happening in the media sector thanks in large part to technological change, and the CBC submitted their request, which would be considered as part of a new digital policy toolkit. Plett then asked about restoring cuts that the Conservatives made to CBC, citing a Senate report saying that they didn’t need more funding but rather better management. Joly outlined her three priorities with that funding — more local programming, better digital content, and more new talent, which the CBC was developing an accountability plan based on those criteria.

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