Roundup: Senate theatre a distraction

In the event that you haven’t been paying attention to the Senate this past week, some Conservative senators took it upon themselves to amend the government’s legislation regarding their much-vaunted “middle-class tax cut,” and changes the various tax brackets therein to deliver bigger savings to some, less to others, and supposedly closes the $1.7 billion gap that kept the Liberal bill from being “revenue neutral.” It’s an unusual move, and one that may be beyond the Senate’s powers given that the Senate is not allowed to initiate money bills, and this might qualify as treading up on that restriction, though they claim an early twentieth-century precedent that would allow it. While this is interesting in and of itself, what it demonstrates is the way in which the Conservatives are using this manoeuvre to try and take one last partisan kick at the can to try and “prove” the worth of organised opposition in the Upper Chamber as “government representative” Senator Peter Harder is manoeuvring to try and eliminate the official opposition designation in order to do away with parties in their entirely in the Upper Chamber.

While John Ivison rightly calls this a bit of convoluted political theatre, what the calculation the Conservatives in the Senate are likely going for is for those amendments to be defeated in the Senate as a whole (as all amendments get reported back from the committee in the form of a report that the full Senate then votes to either adopt or not in the aptly-named Report Stage vote) with the strength of the new independent senators. At this point, they can go “Aha! See! I told you these new ‘independent’ senators were all just Liberal stooges!” and pat themselves on the back for being oh, so clever. Unfortunately, while there is a lot of merit in the pushback against Harder and company’s attempts to eliminate the role of parties in the Senate as part of modernisation, the Conservatives insist on shooting themselves in the foot and undermining their own efforts by trying to prove that the new independent appointments are all closet Liberals. Instead, they should work with the Senate Liberals to expose Harder’s ambitions and efforts to build a personal power base out of the independents, and maybe they’d catch the attention of the rest of my journalist colleagues, who dismiss this as partisan antics and turf protection while they continue to dwell on the non-issue of committee assignments (that can’t be reconstituted until a prorogation happens anyway). This petty theatre is distracting from the actual issues and dangers of undermining the role of the Senate, and proves that the Conservatives haven’t learned enough lessons from the last election.

Meanwhile, the trans rights bill is headed to the Senate, and all eyes are turning to see what kinds of shenanigans that Conservative Senator Don Plett will get up to in order to slow or hamper the bill’s progress. Of course, because it’s now a government bill and not a private members’ bill, his avenues for obstruction are much diminished, and the political climate has changed meaning that he won’t likely find too many allies to back him up, and Harder will have tools to shut down any obstructing tactics if they carry on too long, so I doubt it will be much of an issue, but it’s another last kick at a can that won’t get too much more traction.

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Roundup: Crying wolf on fundraising

I’m starting to feel like a bit of history repeating again as I get cranky over yet more clutched pearls about so-called “cash for access” or “pay to play” fundraisers, which are nothing of the sort. Cabinet ministers are not soliciting stakeholders for tens of thousands of dollars of donations to meet fundraising targets. This is a government whose penchant for consultation means that there are multiple avenues of access for said stakeholders that they need not pony up to ministerial shakedowns in order to get meetings. And this latest allegation, that somehow “communist billionaires” from China got preferential access for $1500 (they didn’t pay as they can’t donate since they aren’t Canadian citizens) stretches credulity, and taking the cake is this hysteria about a donation made to the Trudeau Foundation. You know, a foundation that the Prime Minister is not a part of, and is a registered charity, which the PM sees no enrichment from in the slightest. That wealthy donors also contributed to the foundation, a statue of Trudeau’s father (again, where is the actual enrichment?) and to law school scholarship at McGill (Trudeau did not go to McGill law school) doesn’t have any particular relevance to him or government business, so even on the face of it, where is the conflict of interest? And don’t tell me that there’s a “perception” because if you actually look at the facts and not just go “Hmm, Justin Trudeau…Trudeau Foundation… Yup, sounds fishy to me,” then you’d realise that this is bunk. But no. Here we are, yet again, trying to make hay over activities that are reported, above board, and not actual conflicts of interest beyond people yelling “smell test!” and “appearance!” with no actual facts. And let me again remind you that the Chief Electoral Officer himself noted that our current donation levels are fine, and lowering them will mean money starts to move underground, which we do not want. And if you bring up the Ethics Commissioner calling these events “unsavoury,” let me also remind you that she wants all gifts to MPs registered at an extremely low threshold, meaning a massive amount of more compliance paperwork which MPs themselves have balked at, and the Lobbying Commissioner’s investigation is because people have brought this to her attention, and it doesn’t mean that she has found anything amiss. Honestly, stop lighting your hair on fire over innuendo. You’re currently crying wolf, and when any real impropriety happens, you risk it being shrugged off after any number of previous false alarms.

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Senate QP: Opioids and bovine TB

Today’s special guest star for Senate Question Period was Health Minister Jane Philpott, whose birthday it also happened to be. Senator Ogilvie led off, and he raised the social affairs committee’s report on dementia, which the full Senate endorsed last night, and he wanted to know if she was aware of its contents. Philpott said that she has had a preliminary briefing on the report and she personally has experience with the file, given her own father suffers from it and she was looking to working on the file together.

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Roundup: Peter Harder is trying to bamboozle you

Behold Senator Peter Harder, the “government representative” in the Senate. Faced with attacks from his (mostly) partisan detractors, he bravely mounted his steed, and galloped out to the webpages of Policy Options where he oh so bravely slew a straw man to defend his particular moves in modernising the Senate. And in case this wasn’t clear enough, let me spell it out for you – Peter Harder is trying to bamboozle you.

The particular straw man that Harder bravely faced was the notion that those who defend the Westminster model in the Senate are trying to keep it a mirror of the House of Lords. This, incidentally, is complete malarkey. Nobody has ever made this argument. The Senate of Canada has never borne any resemblance to the Lords (aside from the fact that each is an appointed upper body), and nobody has advanced an argument to make that claim. But Harder went on at length to prove how different the two chambers were (again, nobody claimed otherwise), and then went on to showcase all of the other upper chambers in Westminster countries and how different they were too. Look at how flexible the Westminster model is! Harder proclaims. And it’s all very “Father knows best,” as he schools everybody on parliamentary democracy. And then he starts his subtle subversion. Look at Nunavut, he suggests – they don’t have parties there! It’s a consensus legislature.

And this is the point where I want to punch someone in the throat. But I have that urge everyone someone brings up the Nunavut legislature.

The Nunavut legislature works (more or less) on a party-less consensus model because a) it has a mere 22 members; and b) it operates within the cultural context of its Inuit residents for whom consensus-making is a norm. The Nunavut legislature model is neither scalable nor portable, and anyone who tries to suggest otherwise requires a smack upside the head. The other part, which escapes Harder’s point, is that it still has an executive council and an ostensible opposition whose job it is to hold said Cabinet to account. And that’s the basis of the Westminster model that Harder quite carefully ignores in his defence of said model’s mutability. You see, the real basis of the Westminster model is that of Responsible Government, and the exercise thereof needs both a government and an opposition to hold it to account, and that can replace the government when they lose confidence. Oh, but wait – the Senate isn’t a confidence chamber, you might be saying. And that’s right. But they still have a part to play in the exercise of accountability, whether it’s asking questions of the government in their own QP (which is why the Leader of the Government is supposed to be a cabinet minister), and why they have an absolute veto, which is a necessary check on executive power.

Harder’s other suggestion – that perhaps instead of an official opposition, there instead be an “opposition representative” to mirror his role as “government representative,” is as much about undermining the ability of senators to organise opposition to the government agenda as it is about extending his own power base among the independents. 101 loose fish cannot be an effective opposition force just as much as they cannot be a consensus body (not that the Senate’s role is consensus). Harder’s attempt to delegitimise the role of partisanship in the Senate has nothing to do with trying to respect the chamber’s constitutional role (which he uses revisionist history to assert) and everything to do with his own ambitions, and he’s willing to slay as many straw men along the way as it takes to convince everyone that he’s on the right path. Don’t let him get away with it.

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Roundup: Partisan crybabies and skewered straw men

As machinations and protestations go, the current drama in the Senate is starting to try my patience, particularly because so many of the players seem to be getting drawn off onto silly tangents at the expense of the bigger picture. In particular, the Conservative senators continuing to push this conspiracy theory that all new independent senators are just Liberals in-all-but-name is really, really throwing them off the message that Senator Peter Harder is trying to destroy the Westminster traditions of the Senate, and has a stated goal of removing any sense of official opposition from the Chamber. But when the complaints about Harder’s machinations are drowned out by their conspiracy theorizing, they’re only harming their arguments by making themselves look petty. And it is concerning what Harder has been up to, his latest move being a closed-door meeting for all senators to “discuss short-term and long-term government business.” Add to this are a number of the more established independent senators, who previously felt shut out, excusing Harder’s actions because he’s trying to bring them in, oblivious to the fact that this is how he’s trying to build his little empire.

Add to this conversation comes former senator Hugh Segal who penned an op-ed for the Ottawa Citizen, bravely skewering straw men all around him about those darned partisan senators not giving up committee spots to independent senators (when he knows full well that it’s an ongoing process and that committees don’t get reconstituted until after a prorogation), and coming to the defence of Harder, with whom he worked together all of those years ago during the Mulroney government before Harder transitioned to the civil service. Poor Peter Harder, whose budget has been cruelly limited by all of those partisan senators and how he can’t get the same budget as Leaders of the Government in the Senate past (never mind that Harder has no caucus to manage, nor is he a cabinet minister as the Government Leader post is ostensibly). Gosh, the partisan senators are just being so unfair to him. Oh, please.

So long as people are content to treat this as partisan crybabies jealously guarding their territory, we’re being kept blind as to what Harder’s attempts to reshape the Senate are going to lead to. His attempts to dismantle the Westminster structure are not about making the chamber more independent – it’s about weakening the opposition to the government’s agenda. Trying to organise coherent opposition amongst 101 loose fish is not going to cut it, and Harder knows it. The Senate’s role as a check on the government is about to take a serious blow so long as people believe Harder’s revisionist history and back-patting about how great a non-partisan Senate would be. Undermining parliament is serious business, and we shouldn’t let them get away with it because we think it’s cute that it’s making the partisans angry.

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Roundup: The scourge of billionaires

If you thought that the temptation to blame elites for everything was simply the crass tactics of Kellie Leitch – herself among the most elite of elites – then you’d be wrong. Yesterday Rona Ambrose decided to take a page from the very same playbook and rail in a speech open to media about how the Liberals were elites who were *gasp!* meeting with billionaires to talk about investment opportunities in Canada. OH NOES! The horror of it all! And not just billionaires – billionaires from Beijing and Dubai! Because it never hurts to get a bit of a protectionist/xenophobic twist to your moral panic. But then again, the Conservatives never could decide if they actually wanted to attract or shut down foreign investment, as they left rules deliberately vague so that they could indulge their protectionist, populist impulses when it suited their needs politically.

Part of what’s galling is the real lack of self-awareness that Ambrose is displaying in this kind of speech. While she’s trying to take a populist tack, her examples are all poor ones to prove her case about those darn elites being against ordinary working folks. Leaving aside that as MPs, they are the elites, the examples of things like cancelling the children’s fitness tax credit don’t even fit their rhetoric. Why? Because the Liberal not only replaced those myriad of tax credits with a broad-based income tax cut, but also with far more generous and untaxed child benefit payments, while those tax credits were non-refundable, meaning that they were generally inaccessible to low-income Canadians who needed them, but rather were far more beneficial to higher-income families who had the money to spend on the sports or arts or whatever to get the full benefit of said credits. In other words, trying to make a “regular families” argument in the “us versus the elites” narrative doesn’t stand up to logic or reality. The fact that they are willing to start indulging in this kind of rhetoric should be alarming, because the last thing we want to do is start trading in the politics of resentment like we’ve seen in the States. Only madness lies that way.

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Roundup: A blistering condemnation of Peter Harder

I’ve long held suspicions about the work that Senator Peter Harder, the “government representative” in the Senate, has been doing, and I will say that I was completely alarmed by some of the things brought to light by Liberal Senator James Cowan yesterday in his speech about Senate modernization. It’s a blistering speech, and I suggest you take the 25 minutes to listen to it all, but some highlights: Harder is engaging in revisionist history to claim that the Senate was never meant to be partisan (which is false), and he is trying to do away with the roles of government and opposition (which are integral to the Westminster system) in order to create a bureaucratic-like structure. In a chamber full of independents, there will be fewer checks on the government, and Harder will amass power by acting like the leader of the Senate as a whole, further weakening the chamber’s role as a check on the power of the executive. Harder has gone so far as to start offering to set up meetings with senators and the premiers of the provinces they represent – meeting he would be present at – which is completely improper and something a government representative should have no role in doing. It’s disturbing to listen to how his plans to reorganise the Chamber would take shape, and Cowan’s speech is blistering in its condemnation.

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Senate QP: Unions and migrant workers

Six new senators had just been sworn in, and other senators in the chamber had been shuffle around, making for a fuller chamber. This week’s special ministerial guest star was employment minister MaryAnn Mihychuk (and I can’t recall if she’s been here before). Senator Carignan led off, asking about union certification and secret ballots, taking a shot at Senator Bellemare while he was at it. Mihychuk, after getting him to repeat the question, said there was no real reason to move away from the card check system, and noted that while intimidation does exist, they are returning to a system that worked well for years.

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Roundup: The whinge of the everyman

I had hoped that after the last round of appointments that we were done with the vapid narcissistic “everyman/woman” wannabe candidates for the Senate would finally go back into the woodwork, but no, I see that we are indulging them once more in a plaintive wail about how terribly unfair it is that deserving, qualified candidates with decades of community and specialty experience got the nod and not them. Because who wouldn’t want an expert in the field when you could get a hot dog vendor or a draftsman who will totally enrich the legislative experience by…um, well, I’m not really sure. I mean, that’s kind of why we have a House of Commons, right? So that the everyman/woman can run and get their chance to do their part and influence policy and so on? And then the Senate goes over their work to ensure that they haven’t made mistakes with the legislation and that it’s all looking good. You know, that whole sober second thought thing? Still failing to see what value a hot dog vendor is going to add to that process. But oh noes! Elites! To which I simply reply “So what?” Do you, hot dog vendor and draftsman who are complaining to the media that your application was passed over, actually know the role and function of the Senate? Because based on everything you’ve said here, I’m not seeing that indication at all.

https://twitter.com/emmmacfarlane/status/795439635535110148

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Meanwhile, Senator Peter Harder is coming to the defence of the new appointment system (as he obviously would, being a recipient of its beneficence already), but takes a few gratuitous swipes at the partisans still in the Senate while he’s at it. But there’s a key paragraph in there toward the bottom, where he talks about how Trudeau “voluntarily relinquished one of the traditional levers of power of his political party and of his office” when he expelled his senators from his caucus, and it rankles just a bit. Why? Because Trudeau didn’t so much give up one traditional lever of power so much as he used the show of relinquishing his lever to gain control over a bunch of other levers instead that are less obvious, from centralizing power over the MPs in his caucus with their institutional memory driven from the room, or his now using ministers to meet with individual senators to try to cut deals for support and using Harder’s own empire-building efforts to “colonize” the new independent senators with his offers of “support” and constant attempts to bigfoot the efforts of the Independent Senators Group to establish their own processes. So no, government influence has not been driven from the Senate – it’s just changed forms, and not necessarily as transparent as it was before, and yes, that does matter.

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Roundup: No need for a turf war

The possibility of committee allocations in the Senate turning into a turf war is something that I’m not sure is an imminent issue, but Kady O’Malley nevertheless faithfully explores in her weekend column, including some potential procedural manoeuvres that Senator Peter Harder could attempt to employ to force the modernization committee report to come to fruition as government business (which it currently is not), but as is not unexpected, she got some pushback from Senator Leo Housakos.

Just to add my own two cents, I have indeed heard some concerns from both the Conservatives and Senate Liberals that the Non-Aligned Senators have not yet been able to fill their committee spots, which may also have been why Senator Peter Harder has been organizing to “help” the new independent senators out, essentially big footing the efforts of the Independent Senators Group, but one has to add that they’re building their own processes and organization from scratch.

So we’ll see. I still think that the newly appointed 21 senators shouldn’t be in any hurry to get committee spots, but take the time to get adjusted to their new environment as the committees are currently operating okay and we aren’t seeing a lot of cases where senators are doing triple duty just to keep committees filled (as was the case with the Conservatives pre-2008, when Harper was obstinately refusing to fill seats the first time around). And as I’ve said previously, they can spend some time participating in committees as they have the right to now – they just can’t be voting members, which is probably just as well in terms of getting them acquainted to the place. So everyone should relax because there is no actual crisis.

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