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Last week, Independent Senator Elaine McCoy and pollster Nik Nanos penned a piece in Policy Options to talk about the Senate's latest poll numbers by which we mean the polling data on the impression that people have of the Upper Chamber.  And in the three years since prime minister Justin Trudeau declared it to be independent and he set it adrift, its favourability ratings have improved slightly.  The question Senator McCoy asks is what it will take to really move the needle on those ratings.  My first impression?  Time.

Let us not forget that for the better part of the past 151 years of Confederation, the Senate has always been a convenient scapegoat for governments to blame for something or another.  Its status as an appointed body as opposed to an elected one has often been the source of the aspersions that are frequently cast upon the chamber, and of course, it's human nature for people to quickly forget about any good work of the institution, while stories of the scandals linger in our collective memories for long after they have been resolved (usually by means of an honourable resignation, though those days are largely passed).

What comes to mind when average Canadians are asked about the Senate?  We still get stories of former Senator Andrew Thompson, the first Senator in Canadian history to be stripped of his office staff, salary, and expense account for truancy after it was discovered that he had been living in Mexico because of alleged health problems.  To this day, we still hear about the apocryphal tales of absent senators who are never there never mind the fact that there is no truth to the matter, and all Senate attendance records are made public (unlike those of the House of Commons).  But it's a brand that still has not faded with enough time because it was such a visceral sense of abuse of the public purse.

Other tales include the notion that Senators spend their time in the chamber napping (something I have yet to witness, though I've certainly seen it happen in the House of Commons, for the record).  In recent years, there have been tales of senators abusing expense accounts, fuelled by the salacious news items of Senators Mike Duffy and Pamela Wallin, and the Auditor General's report which, I again will remind you was hugely problematic because many of the items that he highlighted in individual reports were the result of the personal judgments of individual auditors and many of those items were not only overturned by the dispute resolution process headed by former Supreme Court Justice Ian Binnie, and later still from the legal analysis hired by the Senate to review the findings, where it was stated that many of the calls that the Auditor General made exceeded the legal standards and would not have stood up in court if they were litigated.  And yet, it made for many a headline that still resonates in people's minds.

And then there are the decades of appointments that have long been criticized.  The tales of party bagmen getting Senate seats have never really gone away, and they persist to this day, never mind the fairly open and transparent arm's length appointment process.  The notion that Senate seats are reserved for those who've done favours for the prime minister still taints the perception of the chamber, and ignores that throughout much of history, there was a fairly rigorous appointment process that may not have been as arm's-length as the current one, but nevertheless found very good people to fill the chamber for a lot of years.  None of this was helped by the fact that Stephen Harper made a rash of rushed appointments in late 2008 (after swearing that he wouldn't appoint "unelected senators") and many of those improperly vetted appointees proved problematic (I refer you to Duffy, Wallin, Brazeau, and Meredith as immediate examples), and for the remaining time in which he made Senate appointments, the bulk were exceedingly partisan in their tone and behavior (not to mention were under the false impression about the fact that they were to be whipped in their votes and that the PMO would be pulling their puppet strings, which never should have been allowed if there had been enough institutional memory left in the caucus to push back).

All of these things linger in the minds of the Canadian public, and because the Senate is not widely covered in the press (unless there's a scandal), most of the good work they do is not widely reported on, and if it is, it's an item that rarely gets top billing on the news, and it fades from sight immediately.  Hence, even in this era of the "new" Senate that acts more independently and is far more active in terms of its work of amending legislation, it hasn't changed many impressions favourably enough especially if they are now being routinely demonized for "holding up" legislation (which is not the case), or when the extreme partisanship of certain senators is pervasive over social media and tends to colour perceptions.

This all having been said, I think that there continue to be potential pitfalls or landmines for the Senate to navigate as it tries to establish this "reformed" reputation, the first of which is the possibility that it defeats a government bill.  Independent senators have been exceedingly cautious to avoid letting this happen, and while that would immediately cause a reaction among the population, it is likely to be a very polarized reaction if and when it happens, depending on whether you support the government or not.  But more than that, I fear that if the Senate continues on its current path of appointing only independent senators who don't feel bound by any particular sense of restraint, we may find ourselves with a sanctimonious, priestly class in the heart of our Parliament, making pronouncements from on high.  I'm not sure that this is the kind of reform reputation that would do the institution any good, and it's something that I would caution senators from allowing to happen and that means having a certain level of self-awareness as to how they present themselves, because it will come around to bite them if they're not careful.

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.


 

In the grand scheme of Canadian politics, the Liberal government's loss of MP Leona Alleslev likely won't mean much.  Her decision to cross the floor to the Conservatives this week was likely the first time many people outside her riding of Aurora—Oak Ridges—Richmond Hill had heard of her.  Since first being elected in 2015, she had risen no further within party ranks than a Parliamentary Secretary position, despite her strong military and business credentials.  If this was her impetus to leave the Liberals, the move paid off, with Conservative leader Andrew Scheer instantly making her his global security critic.

But, in Alleslev's own words, this wasn't about her own career.  This was about her independence as an MP.  In her speech to the House of Commons on Monday, she put it this way: "The government must be challenged openly and publicly, but for me to publicly criticize the government as a Liberal would undermine the government and according to my code of conduct, be dishonourable."

To which code of conduct is she referring?  An internal party code?  A parliamentary code?  Her own personal code?  In any event, if it's unfettered freedom of government criticism that she seeks, she's in the wrong profession.

The restrictions imposed on Canada's MPs are well-documented and vast.  The phrase "trained seal" is often used to describe the harmful effects of party discipline, most notably by former MP Brent Rathgeber.  When he announced his decision to sit as an Independent in 2013, he summed up the problem as follows:

When you have a PMO that tightly scripts its backbenches like this one attempts to do, MPs don't represent their constituents in Ottawa, they represent the government to their constituents. . . . I do believe that the PMO has too much power, that they don't properly respect the legislators and most importantly, there is not a proper degree of separation between the legislature and the executive.

While much hay has been made over the control then-Prime Minister Stephen Harper exerted over his caucus, it would not have been possible if that control wasn't already available to him.  But there is no record of current Prime Minister Justin Trudeau's staff going so far as to, say, edit one of Alleslev's private member's bills without her permission.  Her problems with his government amount to a Conservative Party stump speech: a business-unfriendly tax structure, diminished geopolitical clout, a poorly maintained military.  She simply accepted that her priorities and those of her party were misaligned.

What will Alleslev do if she finds herself in a similar dispute with the Tories?  Cross the floor again, this time to the NDP?  Join the ever-growing cluster of parties of one in the northeast corner of the House?  Leave Parliament and use her considerable private sector acumen to pressure the government from the outside?  The last of these options is the only one that would both be principled and give her a chance at influence.  It would send the message that people of talent, who believe their key issues are going ignored, are better off outside of politics.  That would mean something.

Yet Alleslev somehow has the audacity to frame her floor-crossing as a rejection of "the status quo" and "what is easy."  In Canadian politics, nothing is easier than clapping on cue and keeping your whip's workload light while your parliamentary assistant writes thoroughly vetted, controversy-free tweets in your name, only stopping for the occasional plate of heavily sauced poultry served on a Rubbermaid table, all in the hope of one day being named Minister of State for something you may know nothing about.  This will continue to be her life; the only differences are that her wardrobe will have more blue and her assistants will retweet Conservative leader Andrew Scheer instead of Trudeau.  She isn't rejecting the status quo at all.  She's embodying it.

If Alleslev wants to be a loyal partisan and enjoy the opportunity to pillory her own party leader, she should find a way to obtain British citizenship.  There, where leaders are at the mercy of their caucus and not the other way around, a sufficiently articulate MP can (within reason) carve out their own identity and base without being sacked or feeling compelled to cross.  But if she doesn't feel she's in the wrong country, she'll learn soon enough that she's in the wrong profession.

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.