The Senate’s national security and defence committee released an interim report yesterday on countering the terrorist threat in Canada. The report made some 23 recommendations, many of them critical of what the government has and has not yet done, such as making it a criminal offence to be part of a terrorist organization, or having a “no-visit” list to keep known ideological radicals out of the country. The one that got the most attention on Power & Politics and subsequently the Twitter Machine was recommendation 9, which suggests the government “work with the provinces and the Muslim communities to investigate the options that are available for the training and certification of Imams in Canada.” And then they were off about how this was criminalizing speech and thought, and how it was likely to be a Charter issue, but actually reading the report itself, the preceding section noted the problems of amateur prison proselytizers, and that members of the Muslim community were concerned about foreign-trained imams spreading extremist ideology, and noted that certification is already the case in Europe. Not much further down in the report is a reputable Calgary imam talking about how extremist ideology is being protected on campuses under the guise of “academic freedom.” In this context, the recommendation doesn’t seem nearly as extreme as it was presented, but hey, it’s not like that context made it into some of the articles (not that surprising, unfortunately). This having been said, there remain problems with the report, which is why the Liberal senators dissented from the report, looking for more counselling, early intervention, study of the roots of radicalization, and more importantly resources for RCMP that the government seems reluctant to do. Is it perfect work? No. Is it better than we’d get from the Commons? Yes. It’s also still an interim report, and more work will be done on it in the next parliament, so perhaps things will improve with it before the final version is issued. In the meantime, it’s not a bad thing that senators are actually talking about this issue without relying solely on slogans.
Tag Archives: The Senate
Roundup: Making the AFN pitch
The Assembly of First Nations has been holding their General Assembly in Montreal, and both of the two main opposition leaders addressed them yesterday. As First Nations leaders try to convince their people to start flexing their political muscles, with some 51 ridings they say that they can influence, both Thomas Mulcair and Justin Trudeau made their pitches to the assembled chiefs. For Mulcair, it was largely a recapping of pledges he had made previously, while Trudeau unveiled a much more comprehensive policy plank for the party’s election platform. The fact that the parties are making this kind of a pitch – probably the most high-profile of such pitches in recent electoral memory – is a sign to the seriousness to which Canadians are taking these issues now, where they would have been considered far more niche in elections past.
NDP Promise #1: A cabinet level committee, chaired by Mulcair, ensuring all federal decisions respect UNDRIP, section 35. #AFNAGA
— Hayden King (@Hayden_King) July 7, 2015
NDP Promise #3: #MMIW Inquiry within 100 days of being in office, #4: Funding for environmental assessments, #5: Repeal C-51.
— Hayden King (@Hayden_King) July 7, 2015
Trudeau invoking the Two-Row Wampum (a first?). Now onto the crushed Kelowna Accord, which would have saved us all, if it just had a chance.
— Hayden King (@Hayden_King) July 7, 2015
And another surprise, JT invoking "creation and the creator."
— Hayden King (@Hayden_King) July 7, 2015
Promise #2: Liberals will amend C-51 in regard to First Nations being seen as terrorists. #AFNAGA
— Hayden King (@Hayden_King) July 7, 2015
Liberal promise #6: Changing CPC Election Act, #7: Meeting with Chiefs annually, #8: Work on implementing TRC rec's, starting with UNDRIP.
— Hayden King (@Hayden_King) July 7, 2015
Liberal promise #10 (or thereabouts): Immediately end the 2% cap and create a "new fiscal relationship." #AFNAGA
— Hayden King (@Hayden_King) July 7, 2015
Other LPC funding commitments are for child services (@cblackst getting a shout out) and support for language revitalization.
— Hayden King (@Hayden_King) July 7, 2015
Finally, Trudeau making a commitment to an inquiry into #MMIW.
— Hayden King (@Hayden_King) July 7, 2015
Roundup: The R-word
With all of this bad economic news coming out lately, the R-word has been bandied about – recession, or technical recession, in the event that we get two quarters of negative growth. After all, we had negative growth in the first quarter, and we’ve already had one US bank say that we’re headed for recession and a 77-cent dollar (note: This was misreported as a 70-cent dollar the day before yesterday). Oh, but don’t worry, Joe Oliver says – we won’t go into recession. His forecasters still show growth, and Harper insists that the oil patch is going to bounce back, while they send out MPs saying that certain sectors of the economy are going to do better with a lower dollar – except no, the manufacturing sector isn’t ramping up on a lower dollar this time because that burned them before, and they had already retooled a lot of their operations to service oil and gas demand rather than export demand. So there’s that. One also can’t help but be reminded of the 2008 election, when Harper insisted that if a recession was going to happen, it would have happened already, and hey, look at all of these great buying opportunities. And then the “Great Recession” happened (a ridiculous name considering that the recession in the early 80s was actually worse), and the government drove us into deficit with a badly planned stimulus programme. Now that the campaign has begun, all of the leaders are plugging their messages – Harper insisting that things are going to bounce back and hey, look over there – terrorists!; Mulcair talking about manufacturing jobs without saying how he’ll encourage them (that miniscule innovation tax credit isn’t going to cut it) while also falsely decrying that “all of our eggs” were in the resource basket (not even remotely true); while Trudeau is making points about the current way the government is treating the economy and environment in an oppositional framework when it needn’t be, and talking about ramping up infrastructure spending but also trying to be clever about how to do it without more deficit spending. We’ll know by September 1st if we’re really in a recession or not, but it could make for a long two months of campaigning on the economy in the meantime.
Roundup: Disappointed or not, the Senate did its job
With Bill C-377 now passed thanks to procedural strong-arming that sets terrible precedent, the Senate has now adjourned for the summer. In the wake of the bill passing, there we are yet again being bombarded by the howls that the Senate didn’t do its job because it didn’t defeat a bill that clearly has some questionable constitutional merits. Never mind that if the Senate had voted to defeat the bill, they would have equally been lambasted for not having the democratic legitimacy to do so. As an institution, they are forever damned if they do and damned if they don’t. But even though the bill has passed, the Senate did its job. Agree with it or not, former Supreme Court justice Michel Bastarache did testify at committee that he thought the bill was constitutional, and that’s not meaningless. As well, the fact that the bill got far more debate and scrutiny than it got in the Commons means something. Remember that in the Commons, private members’ bills are limited to a mere two hours of debate at each stage, and rarely get more than that at committee. Because the Senate took far longer with this bill, all of the problems are on the record. That will mean a whole lot when this goes to the courts, and it will – several unions are already promising immediate challenges. The courts will go over the records of debate at the Senate and see all of the problems laid out for them, and it will inform the decision. The courts will be well within their power to strike the statute down if they continue to believe that it’s unconstitutional, or they may strike down certain parts of it if they feel that only part of it is problematic. None of this means that the Senate was asleep on the job. They gave it thorough debate and scrutiny. While many will be disappointed that the bill ultimately passed (because the PMO was using this bill as a government bill in sheep’s clothing), they did their jobs. And hey, a bunch of other terrible PMBs died on the Order Paper, so it’s not all bad news.
Senators Nancy Ruth, Wallace and Bellemare voting against 3rd reading. Senator Black abstains. #C377 #SenCA
— Dale Smith (@journo_dale) June 30, 2015
#C377 passes 35-22, 1 abstension. #SenCA
— Dale Smith (@journo_dale) June 30, 2015
The Senate has adjourned to Tuesday, September 22, 2015. pic.twitter.com/a54sWW8vpi
— Senate of Canada (@SenateCA) June 30, 2015
Senate QP: What about labour trusts?
For what was likely to to be the final QP of the parliament — for realsies this time — unless the Senate Liberals are able to come up with some new procedural tricksyness to delay C-377 further. There were only two statements today — Canada Day and the museums in Montreal over the summer — and after speeding through Routine Proceedings, Senator Cowan rose for QP. He led off noting the government studiously avoided answering questions yesterday, and how Bill C-377 could turn mutual funds and TFSAs into “labour trusts” and triggering disclosure obligations. Answering for the government, Senator Carignan evaded, saying it was important to pass the bill and noted unions posting on Twitter that they were working with the NDP in preparation for the election. Cowan noted that had nothing to do with his question, and demanded an answer on “labour trusts.” Carignan continued to evade, noting mandatory union dues. Cowan was not swayed and wanted an answer on the issue of the expert testimony on how the legislation would catch those funds. Carignan said that he was there to answer questions and not play “interpretation games” — which is ridiculous because it was a legitimate question about the substance of the bill. Cowan tried asking a different way — would they be okay with people’s private information going online if they were caught up in a “labour trust” interpretation, at which point Carignan babbled about legal opinions. Cowan, at the end of his patience, said that Carignan’s refusal to answer meant that he was okay with people having their financial information being made public. Carignan retreated to his mandatory union dues talking points. Senator Moore rose on a supplemental, asking if Carignan was okay with his own mutual funds and TFSAs being made public under the bill. Carignan went on a homily about the time he had Quebecor shares that he had to sell. Moore tried again, and got no answer.
Senate QP: A perfectly legitimate mechanism
For what was possibly the final day of the Senate’s sitting, there was some tension after the shenanigans on Friday. Things got off with a single statement, regarding the terror attacks last week, and then it was onto Routine Proceedings. The deputy government leader, Yonah Martin, tabled a motion that the next sitting of the Senate would see them rise until mid-September. “You’ll be pretty lonely,” a Liberal senator heckled, knowing an election would be taking place then.
Roundup: Preparing to change gears
Today may be the final day the Senate sits – we’ll see if the Liberals are able to tie-up the “union-busting” bill C-377 in procedure for longer than it has been illegitimately time-allocated for today. From that point on, with business out of the way, it looks like senators can spend the summer focusing on some of the more managerial aspects of what has been going on with them of late, being the Auditor General’s report and his recommendations, particularly with regards to the independent oversight committee. It’ll be a tricky thing to get right because the AG did not contemplate the issue of parliamentary supremacy, but you can be sure that there are a number of senators who won’t be silent about that particular issue. It will also be a summer of fending off smears and attacks from MPs trying to use the Senate as a punching bag in their bid to get re-elected – never mind that a few incidents of alleged misspending have nothing to do with the powers or legislative business of the Senate, or the fact that MPs are far more opaque about their own spending practices. To that end, Senate Speaker Housakos told Bob Fife over the weekend that he’s not going to take any lessons on accountability from MPs, and most especially Mulcair with his party’s $2.7 million satellite office issue. And that’s exactly it – MPs aren’t saints by virtue of having been elected, and it doesn’t mean that they are really held to account for those issues because they are rarely brought to light. Witness last week, when the Ottawa Citizen asked MPs about their residential claims, and only 20 out of some 300 actually bothered to respond. Oh, but it’s the Senate that has the problem and with the “entitlement” issue.
Roundup: Going around the rules
So there were shenanigans in the Senate yesterday, the result of a confluence of a number of factors. Some of them are longer term – the terrible manner in which Harper has made his appointments has left a large cadre of Conservative senators who feel beholden to him and his largely imaginary whip. There are exceptions to the rule, but there are a lot of Senators right now who still feel they need to follow the PM’s rule because he appointed them, and that’s simply not the case. It was just a sensibility encouraged by the Senate leadership on the Conservative side who had far too many newbie senators in place at once. Then there’s the problem of the bill itself. The PMO has ruled they want to see this go through – never mind that it would create a giant bureaucracy at CRA, and that it could have “staggering” compliance costs for mutual funds and other organisations beyond the unions it’s targeting. It’s also a constitutional overreach because labour relations are a provincial jurisdiction, but the government wants this through because they see unions as a big threat to them. It never should have been a private members’ bill, but that was how they introduced it, and got it past the worst of the scrutiny on the Commons side because of automatic time limits. The Senate recognised it as unconstitutional and a threat to labour relations in this country, and even a number of Conservative senators opposed it. Led by Hugh Segal, they voted to amend the bill to near uselessness and sent it back to the Commons – but then prorogation happened, and the amendments were undone when the bill reset (thanks to Senate rules). In the interim, Hugh Segal retired, and Marjory LeBreton stepped down as government leader, almost certainly because of the caucus revolt over the bill. The Conservative senators sat on the bill for months before the PMO decided it wanted them to try and pass the bill. The Liberals, as is their right, filibustered. And they have the provinces on their side – seven provinces representing more than 80 percent of the population are opposed to the bill, and the Senate has a regional representation role. Things came to a head yesterday when the Conservatives tried to break the filibuster by trying to time allocate the bill – something they can’t do under Senate rules, and when the Speaker said no, the Conservatives challenged the ruling – something they can actually do under Senate rules. Kady O’Malley explains some of it here, and I responded with a Twitter essay.
One of the problems with PMBs in the Commons now is the automatic time allocation of 2 hours per stage. It severely limits debate… 2/n
— Dale Smith (@journo_dale) June 26, 2015
By not having time allocation on PMBs in the Senate, it gives them a chance to actually study, or in some cases, slow down these bills. 4/n
— Dale Smith (@journo_dale) June 26, 2015
Allowing time allocation on PMBs in the Senate means these faux-government bills (which #C377 essentially is) can also be rammed through 6/n
— Dale Smith (@journo_dale) June 26, 2015
It might mean they'd have to do something other than lob insults at the denizens of the Upper Chamber. Wouldn't that be awful? 8/n #SenCA
— Dale Smith (@journo_dale) June 26, 2015
So no, the rules don't need changing. The Senate rules committee looked into it and saw no need for precisely the reasons outlined. 9/9
— Dale Smith (@journo_dale) June 26, 2015
Senate QP: Intelligence sharing questions
It was an early start in the Senate, and only one statement was made, regarding the committee report on on-reserve First Nations housing. Routine proceedings sped along, and the QP started, Senator Mitchell asked about the recent media reports on intelligence information sharing, and that the agencies asked only for more sharing and not broad powers. Carignan talked about protecting Canadians from jihadis and then raised the news of today’s attacks in France and Tunisia. Senator Plett tried to rise on a supplemental, but Mitchell wasn’t finished yet, and after some back-and-forth, Mitchell carried on with the questions about the unnecessary overreach in C-51 that CSIS didn’t ask for, but Carignan insisted they were concerned about the safety of Canadians. Mitchell noted the lack of oversight for intelligence agencies and how that would show leadership, but Carignan moved immediately to partisan swipes, saying he felt safer with Harper than with Trudeau. Mitchell started mocking Harper’s “leadership” in not getting pipelines, and asked again about oversight, and Carignan insisted things were great with SIRC. Mitchell gave one last attempt to get more of a commitment to oversight, but it did not happen.
Roundup: Getting out the leg irons
It was the image that launched a thousand attack ads – or probably will, at any rate, as Dean Del Mastro was marched out in handcuffs and leg irons, off to spend the night (at least) in an Ontario prison after being found guilty of breaking election finance laws. “Cheating is cheating,” the judge noted, and that it was a serious enough crime to warrant some kind of jail time, so she decided on a month – though he may get out by tomorrow on bail pending the appeal of his case. Del Mastro’s lawyer also tried to get other exceptions for Del Mastro – jail on weekends, numerous exceptions for the eventual house arrest provisions – because he has a farm and needs to feed the animals, and a job in Toronto, and so on. The judge didn’t appear to be buying it, and made a point about needing a jail sentence onto only to show the severity of the crime (hence denunciation and deterrence), but also the issue of time to reflect on his actions, thought may be asking a lot from Del Mastro, as he walked into the courtroom convinced of his own innocence, and has shown no remorse whatsoever, even though the judge noted that Del Mastro was prepared to falsify his own statements to try and get away with his overspending. Many will argue that leg-irons and jail time are overkill, give that he’s not a dangerous criminal, but it relies on the same logic behind putting white collar criminals behind bars as well – because making them pay a fine or just house arrest aren’t considered punishment enough for the severity of their crimes. Disagree with it all you want, but we have made this choice though our legislative regimes, and if we want to change that, well, there’s an election coming up. Meanwhile, Stephen Maher says the Conservatives’ treatment of the man who testified against Del Mastro leaves a lot to be desired.