Roundup: The needless drama over the Status of Women chair

The news yesterday that the Liberals on the Commons standing committee on the status of women walked out rather than vote on the Conservatives’ choice for chair, Rachael Harder, certainly had a bit of drama to it, but underneath that surface-level bit of excitement, so much of this story defies sense.

For starters, it makes no sense that the Conservatives would name their chosen critic for the portfolio to be the committee chair. Why? Because a committee chair is supposed to be a somewhat more neutral figure who presides over the meetings in order to maintain decorum, decide on questions of order and procedure, and only vote in the event of breaking a tie. These are qualities that a critic should be dealing with. No, a critic should be doing the work of leading the questions of witnesses and doing the work of holding the government to account. That is not the chair’s job. Furthermore, if Andrew Scheer is going to insist on calling his critics “shadow ministers,” then perhaps he should actually treat them as such which means not having them on committees at all – and yes, the semantic difference is important. If you want to implement a shadow ministerial system then start behaving like that’s what they are. Otherwise, changing their nomenclature is nothing more than a twee affectation that he shouldn’t get so uppity about (and he has been).

Meanwhile, for the rest of the day, the Conservatives tried to spin this as a distraction from the tax change proposals that they are otherwise getting hammered on when they put her up for the position of chair knowing full well that this would be an issue. The NDP were out on Monday afternoon in the Foyer decrying this possibility and they went ahead with it. They created their own distraction and then tried to spin it as the Liberals using it as such. The Liberals didn’t create this drama, so you can’t accuse them of creating something from nothing.

The Conservatives have three members on the committee – Harder, Karen Vecchio, and Martin Shields, and if it makes no sense to put the critic in the role of chair, then why not put Vecchio forward? Is it because she isn’t looked kindly upon by Campaign Life Coalition? I would have thought her more than capable of the role otherwise, which is why this mystifies me unless this is something that the Conservatives were looking to try and force a confrontation of some variety by putting forward a critic and then candidate for Chair that would deliberately offend the sensibilities of the other parties – something that you shouldn’t be doing in a committee setting because committees, as the lifeblood of parliament, are supposed to be less partisan and more collegial.

This is just one more example of how the current iteration of the Conservative party doesn’t seem to know what it’s doing. Since Scheer took over the leadership, there seems to have been a sudden loss of know-how amongst the party’s senior staffers and they’re making all manner of really dumb tactical mistakes. You also have to wonder how much of this is also because the party had spent their nine years in power trying to burn down many of the norms of our parliamentary system and treating the institutions with utter disdain, and now that they’re back in opposition, they have simply lost the capacity to engage with them properly, leading to these kinds of mindless choices that just shoot themselves in the foot. It’s not promising for a party that is supposed to be considered a government in waiting.

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QP: Snide asides and Harder drama

Another sweltering day, but all of the party leaders were present today, so it promised to be a better day for exchanges. Andrew Scheer led off, mini-lectern on desk, reading his standard alarmist questions about the proposed tax changes and how they will devastate “local businesses.” Justin Trudeau responded with his usual points about how the system currently incentivises the wealthy to use corporations to avoid taxes. Scheer tried to use the framing device that that this was a revenue generator, but Trudeau didn’t give him a dollar figure. Scheer quipped that the Liberals were so incompetent that they couldn’t even raise taxes properly, and then threw out the straw men about the PM’s family fortunes. Trudeau responded that the report Scheer mentioned and noted that it ignored the introduction of the Canada Child Benefit. Scheer retorted about Trudeau’s nannies, and returned to the point about the changes as revenue generator to deal with his spending problem. Trudeau responded that they raised taxes on the wealthiest and the Conservatives voted against it. Thomas Mulcair was up next, and raised the new ministerial directive that would allow use of information possibly obtained by torture under limited circumstances. Trudeau reminded him that torture is prohibited and abhorrent, and it was why the strengthened ministerial directive made that more clear. Mulcair asked again in English, got the same answer, before he moved onto the delays in appointing new officers of Parliament, insinuating that the government is looking for lapdogs. Trudeau reminded him that they put in a new process that better reflects diversity, and then they went another round of the same in English, Trudeau getting in a few digs about the opposition not opening up their fundraising books along the way.

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Roundup: A new ministerial directive

The government came out with their updated Ministerial Directive on safeguards against using information obtained through torture, tightening the language, but still keeping some ability to act on such information in very limited circumstances, much to the chagrin of the NDP and several civil society groups. After all, the NDP have been howling about this in Question Period for months now, and now that it’s finally happened, and it’s not what they’re calling for, I’m sure that we’ll be in for weeks and weeks of this yet again in QP. That being said, some national security experts are saying that the government pretty much got it right given the complexity of the situation, so I’ll leave you with Stephanie Carvin to explain it all.

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QP: Tightly scripted tax concerns

On a sweltering Monday, Justin Trudeau was off in Toronto meeting business leaders, leaving the rest of us in Ottawa to suffer through the 40 degree humidex. Andrew Scheer led off with his now standard plaintive wail about how the proposed tax changes would kill “local businesses.” Bill Morneau reminded him that they were looking to restore fairness to the tax system, and after another stilted round of the same, Scheer read his script that since the PM wouldn’t answer, he would try the finance minister instead. In a word, pathetic. Alain Rayes was up next to reiterate the questions in French, and Morneau offered his very same points in French for another two rounds. Tracey Ramsey left for the NDP, complaining that the Americans haven’t brought forward any demands, particularly with the auto sector. Chrystia Freeland wanted people in the sector to know that they were looking out for their interests, and that autos were top-of-mind. Ruth Ellen Brosseau was up next and asked about the same in French, and she got much the same answer in French. Brosseau then moved onto the usual concerns about Supply Management, and Freeland assured her, once again, that they would protect it. Ramsey then repeated that exact same question in English, and Freeland repeated her previous answer.

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Roundup: Exit the GG

With this being Governor General David Johnston’s last week on the job, and before we see the installation of Julie Payette as his successor next week, I thought I’d share this thread from Philippe Lagassé from the weekend on the job of being GG.

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Meanwhile, that interview with Maclean’s that Johnston did last week also sparked a few thoughts from Lagassé as well.

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While I think that Johnston was an okay GG, I do recall there being a few…brow-raising incidents early in his tenure, which most people seem to have glossed over. One was during a cabinet swearing-in shortly after one of the Harper-era elections, where reporters at Rideau Hall noted that he was doing a lot of high-fiving with newly sworn-in cabinet ministers, and while those on the scene tried to raise the issue over Twitter, it got swallowed by the news cycle shortly. (Remember that Johnston was appointed not long after he drafted very narrow terms of reference for the Oliphant Inquiry into Brian Mulroney’s dealings with Karlheinz Schriber, which again were curious at the time). The other incident for me that I found a bit curious was during an interview that Johnston had with George Stroumoublopoulos, in which Strombo raised the promotion of family as one of the things that Johnston was keen to promote during his time in office, and when he asked what that meant, Johnston replied that it started with the nuclear family. As someone for whom the nuclear family was never going to be an option, I found the response curious but it wasn’t really delved into. Nevertheless, Johnston’s tenure has been largely unremarkable, which was probably what those who appointed him were looking for after two previous Governors General that were media darlings and in danger of being a bit self-aggrandizing at times. We’ll see what Julie Payette brings to the role, and I look forward to her installation.

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

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.

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Roundup: Say no to written guidelines

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).

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QP: What about Morneau-Shapell?

With it being Wednesday and with the PM out to town, there were a few more empty desks in the Commons, but QP rolled along regardless. Andrew Scheer led off, returning again to the proposed tax changes as an attack on “local businesses.” Jim Carr stood up to instead note that the opposition has been so concerned with women entrepreneurs, then how could they contenance the statements by Gerry Ritz in calling the environment minister “Climate Barbie.” Andrew Scheer didn’t respond, and stuck to his script, and so Carr stood up again, to again demand that the comments be denounced. Scheer again hewed to his script on “local businesses,” and Carr again expressed his disappointment and his expectation of a retraction. Onto Alain Rayes, who read the “local businesses” scripts in French, and this time, Bill Morneau stood up to reiterate that they were trying to make the system fairer for the middle class. They went another round of the same, before Thomas Mulcair rose for the NDP, railing that the PM left the door open to ballistic missile defence. Harjit Sajjan said that they were working actively with the US on NORAD modernisation, but the policy had not changed. Mulcair asked again in French, and Marc Garneau took this one, offering much the same response. Nathan Cullen was up next to rail about tax loopholes, and Diane Lebouthillier assured him they were going after tax avoidance. Alexandre Boulerice asked the same in French, and Bill Morneau gave his pat response on tax fairness.

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Roundup: Neglecting a vital institution

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.

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Roundup: Renewing the tax change battle

Those proposed tax changes around private corporations were big in the news again yesterday, given that Parliament had returned and there was a sense that the fight was about to begin in earnest, now that everyone was paying attention. The Canadian Taxpayers Federation hired a plane to fly a banner above Parliament Hill that read “No Small Biz Tax Hike,” never mind that the small business tax rate isn’t being raised and that the proposed changes aren’t going to affect the vast majority of small and medium-sized businesses. Before the fight got started in earnest during QP, the NDP tried to insert themselves into the debate by trying to insist that the government should instead be attacking the “tax cheats” who use offshore tax havens – which, it must be pointed out, are also using legal instruments and thus are not actually “tax cheats” either, which is language that doesn’t help anyone.

In the Law Times, I have a story on how some lawyers are angry with the Canadian Bar Association over their opposition to the proposed tax changes – something that garnered a fair bit of attention. Global tried to work out what some of those tax changes amount to in terms of how it benefits those able to use the current provisions (though their use of the term “loopholes” rankled some of the economists they quoted). Colby Cosh takes on the semantic warfare in the proposed tax change debate.

And then the Twitter battles were renewed in earnest as well. Lisa Raitt was back at it, but Andrew Coyne took on her points with particular aplomb to show why they didn’t have any particular logic or intenral consistency.

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