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As more government bills move to the Senate, the push for independent senators to sponsor them grows.  If things were normal in the Senate, it would be a member of the government's caucus who did this job but there are government caucus members.  And when it comes to bills introduced in the Senate by the government, it would normally be up to the Government Leader in the Senate to be their sponsor as a member of cabinet who could be the point person on accountability.  Well, that doesn't happen here either.

While on paper, Senator Peter Harder remains the Government Leader in the Senate (though he may style himself otherwise), he is not a member of Cabinet (despite still getting support from the Privy Council Office as a cabinet minister would, and despite attending Cabinet committee meetings "as required"), and he has eschewed the task of doing the sponsorship of government bills with the exception of the first couple.  It's a curious sort of legal fiction that is put into place in order to maintain the notion that the Senate is to be more independent, as though dismantling some of the structures around Responsible Government as it can be exercised in the chamber is the way to go about it.  What it ends up doing, however, is creating more confusion around how accountability is supposed to flow.

The notion that independent senators are supposed to sponsor government bills has immediately opened them up to criticism that they're not really independents that, as (largely) Trudeau appointees, they are just crypto-Liberals doing the bidding of the man who appointed them, much as was the accusation of nominally partisan senators for the bulk of our post-Confederation history.  Those independent senators have immediately responded by saying that just because they're sponsoring the bill it doesn't mean that they're wedded to it, that some of them come into it looking to amend it right away, and generally with the notion that they're just there to shepherd the bill though the process.  But it's a position that I find a little troubling because it doesn't sound a lot like actual sponsorship of a bill.  In some cases, the very sponsors sound more like chief critics of a bill, which really confuses the debate, but more than that, it confuses any sense of accountability.

Where does accountability flow for a bill in the Senate if not with the government?  There is nobody from Cabinet who can answer on behalf of the bill, which is a pretty important consideration.  Government bills come from Cabinet as a whole Cabinet solidarity is a Thing and an important Thing in our system.  As I have repeatedly pointed out with the current drama over Bill Morneau and the introduction of Bill C-27 on federally regulated pensions, sponsorship of a bill doesn't mean that the minister as an individual is doing it out of personal interest, but rather because they have to answer on behalf of the department that it affects, and if they were shuffled out and a new minister shuffled into that same portfolio, they would pick up where the previous minister left off, because the bill is reflective of the will of Cabinet as a whole, and the minister's job is to answer for the department.

When it comes to the Senate, there remains the important consideration that someone can answer on behalf of Cabinet on a bill to ensure there is a flow of accountability.  Harder is supposed to be that someone, but has eschewed that responsibility.  Ministers still appear before committee, but it's limited to an hour or two, and Cabinet otherwise remains outside of the debate, and this is especially the case for government bills that are introduced in the Upper Chamber.  With no one from Cabinet there to shepherd the bill, and leaving that instead to an independent senator who is supposed to be free of the influence of the government, it means that the accountability gap grows, and this should be concerning because the role of Parliament, of which the Senate is a component, is to hold government to account.  It could also be argued that budget bill should also be sponsored in the Senate by the Government Leader rather than just a member of the government caucus because it deals with the requests for funds, vital for the continued operation of government.  But that's not what happens anymore.

With this in mind, it bears asking why Harder and his office need their $1.5 million budget, and numerous staff, when they're neither managing a caucus, nor doing the legislative groundwork in the chamber things that previous Government Leaders would do on the same allocation, which Harder demanded.  Plenty of senators are asking what this money is for, and I find myself curious as well.  It also makes one wonder if Harder is shirking the duties that he should be fulfilling in the role as Government Leader, regardless of whether or not he styles himself that way.  But you can't both represent the government and be independent (or non-aligned, as he is listed on the Senate's standings) it's just like being half-pregnant.  And that's partly why the demand for independent senators to sponsor government bills is perverse.

There would be no actual conflict for Trudeau to give the Senate more independence while still maintaining the proper roles of having a Government Leader that is in Cabinet and which acts as the conduit for accountability in fact, it would mean more independence for those senators because they're not being co-opted to sponsor bills on behalf of the government.  The Leader of the Government in the Senate is not the leader of the Senate, and people shouldn't be confusing the two something that Trudeau gives the impression of with this particular fiction that is being perpetuated.  We can have both a more independent Senate and proper lines of accountability so what is keeping us from doing so?

The views, opinions and positions expressed by columnists and contributors are the author’s alone. They do not inherently or expressly reflect the views, opinions and/or positions of our publication.


 

As expected, U.S. President Donald Trump announced on Wednesday his plan to move the American embassy in Israel from Tel Aviv to Jerusalem, in recognition of the latter city as Israel's capital.  Echoing carefully worded statements from the governments of Francethe United Kingdom and Germany, a spokesperson for Foreign Affairs Minister Chrystia Freeland had this to say in response:

Canada's long-standing position is that the status of Jerusalem can be resolved only as part of a general settlement of the Palestinian-Israeli dispute.  This has been the policy of consecutive governments, both Liberal and Conservative.  We are strongly committed to the goal of a comprehensive, just and lasting peace in the Middle East, including the creation of a Palestinian state living side-by-side in peace and security with Israel.

NDP leader Jagmeet Singh was more strident, describing the move as "counterproductive" and calling for the government to tell Trump how "divisive" it was.  On the other hand, Opposition Leader Andrew Scheer took an even lighter hand than the Liberal government, with a spokesperson saying only that "it's up to sovereign governments to make decisions about where they will locate their foreign embassies."  Both leaders' bases may have hoped for unequivocal support for either Israel or Palestine.  They should not have expected anything besides the status quo.

At home, Trudeau could have gotten away with sticking a thumb in Trump's eye.  As of September, Trump's approval rating among Canadians stood at 17%.  Many of the 72% who disapprove view him as narrow-minded, self-absorbed, impulsive the embodiment of all their problems with America itself.  Trudeau has had opportunities to aim directly at Trump before, and turned them down; when Trump announced a ban on travel from six majority-Muslim countries, Trudeau said only that Canada remained welcoming to immigrants.  He is aware that Trump would not take kindly to any statement he could interpret as a personal insult.  Anything that lowers Trump's esteem for Canada could bend his mind even further toward scrapping NAFTA, still our most important source of market access.  With NAFTA's future already up in the air, this is one trade gamble Trudeau can be sure not to take.  For all the talk of Canada as an "honest broker" in the Mideast, our economic and defensive dependence on the U.S. is at the heart of our approach to foreign relations.

For many Conservatives, Trump is right to recognize Jerusalem, regardless of our overall relationship with his administration.  They believe Jerusalem is Israel's capital, full stop, and Canada has a moral obligation to say so.  In an interview with the Canadian Jewish News, former diplomat Norman Spector speculated that if Stephen Harper were still prime minister today, he "would have followed" Trump's move.  Yet Harper never called for Canada to move its embassy while he was in power, despite frequently going out of his way to demonstrate deeper support for Israel than then-President Barack Obama if only in his rhetoric.  The slow-and-steady Harper did not overplay Canada's hand, even if he wanted to.

Even while treading lightly with the U.S., Canada has been seeking stronger ties with Europe and Asia.  Moving in lockstep with U.S. foreign policy, which can shift dramatically depending on the government of the day, would put those relationships at risk.  Trump has often been eager to contradict long-standing policy, no matter how his changes impact international alliances.  If we are to maintain our alliances, we must commit to stability in the face of U.S. volatility.

With all of this in mind, there was only the Canadian government could avoid compromising our access to America, our international reputation, and political goodwill at home: by doing absolutely nothing.  It may be a predictable and risk-averse option, but with competing interests at stake, predictability may be best.  That means sticking to calls for nothing less than comprehensive, lasting Mideast peace.

Photo Credit: National Geographic

Written by Jess Morgan

The views, opinions and positions expressed by columnists and contributors are the author’s alone. They do not inherently or expressly reflect the views, opinions and/or positions of our publication.