Six Impossible Motions Before Lunchtime: Liveblogging the Ethics committee

by kadyomalley on Wednesday, July 16, 2008 1:48pm - 0 Comments

1:55:13 PM
I’ll warn you right now that I offer no guarantees of coherence in what is replacing the placeholder dummy text. This morning really did a number on the slightly summerfied brain of this liveblogger, and I think I’m operating on a lower frequency than normal.


Not that it will stop me – I didn’t have time to post to the comment thread on the last post — it’s too boring to explain but WordPress doesn’t seem to think I should do that — but it sounds as though CPAC missed out on some quality television.

2:00:20 PM
And here we go – the MPs are starting to trickle back into the room – wheeled luggage in tow, which is a heartening sign – although the chair isn’t yet among them.

Given the — friendly disagreements that broke out this morning over even the most routine issues, this could turn into one of *those* meetings, but if there are flights to be caught, the members at least have some incentive to finish at a reasonable hour.

2:04:03 PM
Oh, it was apparently suspended until *2:15*! Next time, I’ll have to listen more carefully, rather than burying my head in my hands and praying for a swift death. I missed out on fifteen minutes of thumb relaxation time.

2:06:43 PM
A quick staffer count confirms that the two sides – I’m lumping all the opposition parties together – are evenly matched. It’s hard to tell where the sympathies of the various audience members lie; unfortunately, it’s not like a wedding where you’re assigned to a particular side. If there’s a spontaneous outburst of giggles, it should provide a clue, however.

Carole Lavallee and Marlene Jennings are holding an animated pre-meeting chat; everyone else just looks hot and tired. Including me.

2:10:31 PM
With a bang of the gavel, we’re now back and ready for anything and everything. It’s funny how “committee business” sounds like such an innocuous matter; it can melt down into acrimony faster than any other kind of meeting I’ve had.

2:12:44 PM
First up: The schedule for the next round of meetings, Szabo suggests August 11 through 14th – that would give the committee enough time to round up witnesses, which is impirtant. Sounds good to me, but I don’t get a vote.

2:15:37 PM
Are we actually moving onto the list? It seems so. The chair is going through the various lists, looking for duplicates to eliminate. Not much chance of controversy there, I suppose.

2:16:40 PM
Okay, onto the main event, at least as far as the witness list: Szabo tells the committee that he’s decided to show leadership as the chair – and it’s amazing how those words can make my entire body tense up – to rule on relevence of some of the proposed witnesses.

Not surprisingly, David Tilson has a similar reaction – although rooted in very different reasons – and announces that he doesn’t approve of what the chair is doing. Colour me shocked. It doesn’t seem to be stopping Szabo, who reads through the Conservative list, removing potential witnesses willy nilly – Bloc Quebecois MPs, NDP MPs, all sorts of MPs, none of whom are within the scope of the committee. At least, not as far as he’s concerned.

2:21:05 PM
Jennings challenges the chair – first time so far! – and the clerk calls the roll. Scott Reid gets confused, and wonders how to vote; Gary Goodyear explains – and gets a point for bringing in the Green Shift/carbon tax. “It’s a trick!”

Unfortunately, this results in Reid losing his chance to vote, not that it matters – the opposition members back the chair, and that’s that.

2:24:18 PM
Pierre Poilievre now wants *more* names taken off the list – four former Conservative candidates, to be precise, who are not involved in the investigation. No dice – the chair moves on – to Pat Martin, no less. He moves a motion to pass the list as-is, with one teeny change: Robin Sears would be taken off the list.

Oh right, the Conservatives are very keen on Sears, who has publicly suggested that all parties, including the NDP, do the same thing.

2:28:32 PM
Oh, Gary Goodyear is calling a point of shenanigans: the chair, he says, is showing favouritism to the Liberals, and making a mockery of this sham of a political stunt. So there. “Why don’t you just tell us the outcome?” He wonders. I think he may possibly be employing sarcasm.

2:31:24 PM
Marlene Jennings is ready to call the vote on Pat Martin’s motion, but we’re now deep into grumbliness. As it turns out, the chair’s ruling removed the names of every one of the Conservatives’ proposed witnesses, which – not surprisingly – is not going over at all well.

2:35:49 PM
It’s not going to be quite that easy, is it? They still have to debate – and vote on – the main motion before they’re done with the witness list.

Just because the Conservatives lost every one of their proposed witnesses doesn’t mean that they can’t put forward names later – after the next set of hearings, perhaps. Maybe they’ll suddenly be relevant!
Keep reaching for that rainbow.

2:38:02 PM
Poilievre is sticking to his guns on the difference between “commentary” on the 2006 elections – the defeated and publicly disgruntled former Conservative candidates – and testimony from the witnesses on his list, including Robin Sears. Why doesn’t Martin want *him* to appear? Could it be — because he has something to *hide*?

2:40:30 PM
Huh. Apparently Szabo is taking orders from the Liberal leader’s office! I thought the whole problem was that Stephane Dion *wasn’t* sufficiently leader-y. But it turns out that it is Dion – that Machiavelli with a backpack – who wants to “banish” all the now-deleted Conservative witnesses. He does realize that they’re just being removed from the list, right? Not like, rounded up and taken into custody?

Marlene Jennings, meanwhile, explains why the remaining witnesses are entirely legitimate

2:45:19 PM
I wonder if Robin Sears realizes that this meeting has suddenly become all about him? His qualifications as a witness are being debated, and his former – possibly current – client, the Right Honourable Brian Mulroney. He’s not a political scientists like Heather MacIvor and Andrew Heard.

I don’t quite understand why the Conservatives would put up a fight over *those* witnesses, actually — of all the names proposed by the oppositon, those are probably the least problematic.

2:50:52 PM
The chair is consulting with his clerk on – I’m not actually entirely sure what. I can’t believe that they would be done with debate on the main motion yet — that would be practically lightspeed by this committee’s standards.

Oh, it’s Marlene Jennings’ amendment, which would delete another two names, authorize the chair to summon any of the witnesses who refuse to testify at his discretion.

Hey, Doug Finley and Patrick Muttart, I bet they’re totally talking about you guys! Well, unless you actually *want* to appear, which is possible, I guess.

2:54:15 PM
David Tilson – who seems oddly subdued – wonders if the chair needs the House to issue a subpoena, which is not, in fact, the case.

2:55:41 PM
Aw, there’s my crankypants: Tilson is absolutely convinced that the chair needs to go to the. House to summon witnesses against their will; it doesn’t seem to matter that the rules of the House say otherwise, he’s absolutely sure. I love how he seems to think if he believes something with enough intensity, it will change reality itself.

2:58:32 PM
I have no idea whether Scott Reid is introducing a motion, or debating the Jennings amendment, but he’s got the floor, and he’s going through the proposed list with a world weary eye.

I don’t understand why he keeps bringing up what the Bloc Quebecois may or may not have done during the 2000 election. It was under a different set of rules. You can’t apply the 2006 Elections Act to the 2000 election. It just doesn’t work that way.

3:03:06 PM
Sometimes I wish I could turn my head the full 360 degrees. Sometimes I’m sure I’m missing all sorts of good stuff going on at the back of the room.

Meanwhile, Scott Reid is giving a fabulous explanation of — everything in the whole world, I think, although right this minute, it’s about the sub judice principle,

This whole thing, he says, is about the non-rebate of “our money.” The Conservative Party is entitled to its entitlements, y’all.

3:10:40 PM
Oh oh oh! I get it! All those former and current candidates and public office holders would be violating the sub judice convention! Well, if you take the widest possible view of said convention, since none of these proposed witnesses are parties to the judicial review, as far as I know. But I am happy to have successfully understood his logic.

3:14:08 PM
And now, a few words from Gary Goodyear, who wants to speak to the defeat of the Jennings amendment – but more importantly, reveal the wool-pulling tendencies of Jennings herself.

I love the way he almost gets carried away when describing the in-and-out-if-you-squint practices of other parties, but then has to remember that he’s not supposed to be criticizing it. It’s perfectly okay – everybody does it!

Now he’s accusing the opposition of having discovered a new trick to overrule the will of, well, him and his colleagues, Does it involve having more votes than there are on the opposing side? Sneaky!

Ah, okay, Goodyear claims that the challenging of the chair is another procedural trick; it ends debate. No, it doesn’t. The *challenge* isn’t debatable, but whatever was under debate before still is. Szabo explains that to Goodyear, but he’s not convinced. It’s a trick! A Liberal trick! .

What I don’t get is why he wants to drag more witnesses into a “partisan political photo op”. Wouldn’t it be better to just be a conscientious objector, and sit with regal disdain while the rest of the witnesses come forward?

3:24:48 PM
It seemed as though that question was about to be answered, but no – instead, Poilievre takes over.

Oh no. I can see it coming, but am powerless to escape: the argument over what constitutes a public office holder.

3:28:55 PM
Wait, what? Pierre Poilievre just referred to potential witnesses as “delegates” which is just … bizarre. He doesn’t really explain what he means by that, but has a lot to say about all those Conservative delegates who were rejected by the chair. What does the Liberal Party have to hide, he wonders. Why did they force the chair to rule all those witnesses out of order? Why would the other two opposition parties go along with this if it was just to protect the Liberals – especially the NDP? (That last one was me, not Poilievre, just to be clear.)

3:33:40 PM
Hey, remember the sponsorship scandal?

No, no real reason. Just making sure that nobody forgot about the biggest electoral scandal in Canadian history, which is what Poilievre just pointed out.

He also pretty much confirms that none of the ministers or Conservative MPs on the list will participate in this “kangaroo court.” Now that’s some impressive respect for Parliament. Yo.

3:35:42 PM
Carole Lavallee once again explains the purpose of the motion – call witnesses as part of investigation; subpoena power; Robin Sears. Really, if you’ve read this far, I don’t have to recap it.

3:38:40 PM
Gary Goodyear is nodding furiously as Lavallee talks, but I can’t imagine he’s actually agreeing with her, since she’s ripping into his party for this “four hour filibuster.”

3:39:51 PM
David Tilson sends the room into a momentary panic when he threatens to deliver “a history of the motion”; luckily, it turns out he was talking about this *particular* motion, which cuts it down by a few hundred years of parliamentary history.

“You’ve got more votes than we do, you can do what you like,” he notes dolefully. The whole thing has been a charade and a farce, and what’s with Pat Martin wanting to remove “Bob Rae’s former chief of staff” from the list. (That’d be Robin Sears, just in case anyone missed it.) It’s just not fair, but that’s life. (That was David Tilson, not me.)

3:49:48 PM
Okay, that was very nearly a catastrohe; my berry connection died without warning (not that a warning would’ve improved the situation, really) right as David Tilson was delivering the swan song for this particular motion — if there was a song that swans sung when something passes decisively against the will of the government.

3:51:33 PM
Vote taken, motion as amendment passed; Szabo has the power to summon at will, and we’ll be back here on August 10th, if all goes according to plan.

And with that, we’re adjourned — amid calls of shame from the government side. “This is the most appalling parliament I’ve ever seen” are the parting words from Gary Goodyear; as the former chair who killed the Procedure and House Affairs, he’d know.

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  • http://deleted Sandi

    Oh, Goodyear was so subtle wasn’t he? He referred to the Canadians watching and photo-op…he gave himself away. The Conservatives were posturing for the partisan benefit of their supporters…duh, not too bright and way too obvious Goodyear.

    Oh well, the US has the Jib Jab guys, we’ve got paranoid Conservatives in committee.

  • penlan

    I don’t think conkers are the same nut as roasted chestnuts Kady. Conkers is a game I used to play as a kid in England. Eh toi?

  • Graham

    Conkers are chestnuts threaded through your bootlaces. The first kid’s to split loses. You’re welcome.

  • http://liberal-arts-and-minds.blogspot.com/ knb

    Darren, I’d love to hear your reasoning as to how exactly the con’s were railroaded.

  • Darren Trent

    knb..Not allowing any CON witnesses, allowing Mayrand to not answer any CON questions, uber-strict adhesion to committee rules to cut any CON admendments, and the topper was the sudden call for adjournment before any CON motions could be dealt with. Too over the top partisan for my liking.

  • Geiseric the Lame

    Darren Trent: Name one witness on the Conservative list that had anything relevant to contribute.

    just one

  • Darren Trent

    Geiseric the Lame: Name one witness in the 100+ called by the opposition parties that will have anything relevant to contribute..just one.

    Kind of hard to do before you hear them testify, isn’t it?

    Blind partisanship is lame indeed.

  • http://michaeltripper.com Michael Tripper

    Kady’s married, right? – always fun to read this stuff.

  • Geiseric the Lame

    “Kind of hard to do before you hear them testify, isn’t it?”

    Not at all. There were lists. Szabo named all the CPC choices out loud.

    All I heard named for exclusion from the CPC list was a bunch of BQ members that did the same thing under a different set of rules back in 2000 when it was legal and who, I suppose, could have made useful targets for pointless attack if you’re on the defensive trying to rally willing simpletons to your side by looking aggressive but are otherwise irrelevant.

  • john g

    Sorry to intrude on this Conservative bash-fest you are hosting Kady, but John Robson must have been watching a very different committee hearing than you were.

    Perhaps if your contempt for Pierre Poilievre didn’t prevent you from actually considering the merits what the man had to say without dismissing it out of hand as partisan rhetoric, it sure seems like he made some interesting points.

    Why did the definition of “candidate election expenses” that Mayrand handed to the committee not match the rules from the 2006 EC handbook???

    Mayrand’s version: candidate expenses are “used to directly promote or oppose a candidate during an election period”

    2006 EC Handbook (emphasis mine): candidate expenses are “used directly to promote or oppose a registered party, its leader or a candidate during an election”

    To quote Robson: Since the crux of this matter is spending by local candidates to promote the national party, the altered wording to leave out “party” is not a trivial omission.

    Robson also provides the Libby Davies “smoking gun”, since no one else here was so inclined. It sure looks like exactly what the Conservatives are accused of. Everyone here seems inclined to say its not the same as what the Conservatives did, but no one can seem to say exactly why.

    If anyone here is interested in a very different viewpoint of this committee, Robson is a good read.

    http://www.canada.com/ottawacitizen/columnists/story.html?id=b92b618d-d777-4539-b553-c34b3a5b0376

  • Wayne

    Thank you John G; a most enlightening column I would have to agree completely and if only I could have stayed awake through the meeting on CPAC (actually it’s my guitar practise time and I missed most of this meeting – not that it has anything to contribute anyways – no story here folks – no tax payers money involved – no bribes – only a tax dispute on whether a refund is due or not – quick demand a public inquiry!

  • http://www.macleans.ca Kady O’Malley

    I’m officially off today (yes, again – long weekends for ITQ through July!) but I just had to correct you on one tiny point, Wayne — this is, in fact, about taxpayer money – that’s what Elections Canada uses to pay the rebates. Depending on how you calculate it, the total amount in dispute is approximately $700K – 60% of the total expenses claimed (but denied).

  • http://www.macleans.ca Kady O’Malley

    John G: I think if you’ll check back, you will find that every one of the points that Poilievre was trying to make have been thoroughly and completely debunked on more than one occasion, from the Libby Davies smoking gun that fails to smoke (and isn’t even a gun) to the updated manual.

    If I remember correctly, Davies got transfers from the national party – which is legal – and decided *on her own* to spend a portion of it on national ads – which is also legal; what isn’t is to *require* a candidate to do so in order to receive the money, which is what the Conservative Party is accused of having done. The warrant application is full of emails and other intraparty correspondence which would seem to bolster the argument that these were not voluntary ad buys; in some cases, there wasn’t even a candidate in place at the time. Also, ridings that were unwilling to take part – Brome Missisquoi, for example – were allegedly subject to pressure from the national campaign to do so.

    As for the manual, it wasn’t as though the only difference between the 2006, 2007 and 2008 editions was the paragraph on allowable transfers. Much of the existing material was out of date following the passage of the Federal Accountability Act. More importantly, though, a manual – even as an extensive a manual as that – is not the law. It’s a *handbook* – a guide for candidates and parties that contains information that, in the view of Elections Canada, is most likely to be relevant during an election campaign. Ultimately, the onus is on parties and candidates to check with Elections Canada if there is any uncertainty over a particular rule, which is what the Conservative Party failed to do.

  • john g

    Kady, the relevant section of the 2006 handbook directly quotes the Canada Elections Act.

    “Election expenses

    407. (1) An election expense includes any cost…used to directly promote or oppose a registered party, its leader or a candidate during an election period.

    What exactly did the Conservatives fail to check? Mayrand is supplying to the committee an definition of what constitutes candidate expenses that is not consistent with the Canada Elections Act or the 2006 EC handbook.

    And this argument about voluntary vs. coerced running of “national” ads seems to me to be on a very slippery slope on which to claim wrongdoing. Does the ad have to come from the candidate’s own initiative, as you suggest was the case with Libby Davies? If the national campaign suggests this idea to a candidate, and the candidate says “hmm, I don’t know”, and agrees after being told they will be reimbursed…is that considered “pressure” from the national campaign? Sounds pretty legitimate to me…

    Can you or someone point me to the section of the Act that says voluntary national ads are OK for reimbursement but “coerced” ads are not? I did try, but couldn’t find it.

  • T. Thwim

    Coerced ads are not okay because in order for an advertisement to be legit it must be authorized by the appropriate person. (Elections Act, Part 16, Item 320) For the party, this is the registered agent thereof, for the candidate, this is the official agent of the candidate. There is a strong argument to be made that a coerced authorization is an invalid authorization.

    That aside, though, 405.2(4) spells it out specifically: “No person or entity shall enter into an agreement for the provision for payment of goods or services to a registered party or a candidate that includes a term that any individual will make a contribution, directly or indirectly, to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant.”

    So the idea of any party saying to the official agent, “We’ll give you this money so that you can purchase an ad on our behalf” is a no-no.

    Now the party could have said, “We’re giving you this money. By the way, we’re getting a great deal on a national party ad-buy right now, if you’d like to contribute to us, that’d be swell,” and, at least from my reading, that’d be okay.

    The problem occurs when the candidate isn’t given the choice of what to do with the money. Then it’s not a donation, it’s a kick-back scheme.

  • T. Thwim

    Err.. sorry.. not “contribute to us” but “purchase one yourself”.

  • anon

    I see. So it’s not about a strict interpretation of the law at all, but about how dishonestly polite the national campaign is to the local campaigns when they enter into these transactions. Sounds like a very reasonable thing for Elections Canada to be enforcing.

    Oh, and if the local campaigns felt like they were “coerced” into making these ad buys, then why are they the ones taking the case to court?

  • T. Thwim

    It is about a strict interpretation of the law. The law is quite strict in saying “A donation must be a donation, not an attempt to get around tax law or campaign spending limits”

    As for why the local campaigns aren’t the ones taking the case to court, that’s because the act also says that Elections Canada is the one to prosecute these types of crimes, much like the police are the ones who prosecute assault charges, not the victims.

  • http://www.macleans.ca Kady O’Malley

    I believe only two or three candidates are actually party to the application for judicial review – not all 67 or so involved in the alleged scheme. In fact, some have spoken out publicly since the story broke, and have criticized the Conservative Party for how it was handled – which is why the opposition parties successfully proposed that they be called as witnesses to discuss their experience. Have you read through the full warrant application? Again, in some ridings, there weren’t even a candidate nominated at the time that the money was transferred.

  • http://www.macleans.ca Kady O’Malley

    John G – Candidates are allowed to receive transfers from the national party, and to use that money on whatever they may choose. What a party can’t do is set up a system whereby campaigns – not candidates, but campaigns – make ad buys on behalf of the national party in order to spend more than the legal limit on campaign advertising. That’s what Elections Canada concluded, which is why it denied the rebates, and that is what the Commissioner of Elections is currently investigating. It has nothing to do with transferring money, or buying ads, or any other act in isolation, but whether or not this was a deliberate attempt to circumvent the spending limits.

  • anon

    I understand that a few former Conservatives have spoken out against how this was handled. Most have some pretty suspect motives for doing so. Isn’t there at least one of them in Quebec who’s now on his third or fourth federal party in the last few years?

    The local campaigns ARE the ones taking this to court, to get the rebates. Not all of them, that’s true. But it’s not as if every campaign that isn’t party to the suit is somehow up in arms over the practice and feels like it was unfairly coerced into buying something it didn’t want. From what I’ve read, most of them agreed to the buys, even if they didn’t understand them at the time, and it’s a matter of some dispute as to whether they’re required to.

    I’ve heard this point a few times that in some ridings there weren’t any candidates nominated when the ads were purchased. I’m not sure I understand how that’s relevant. There would be a candidate in place eventually, and the campaign would benefit from the ad running, regardless of the candidate they put in place. I don’t think anything in the law specifies that the ad has to mention a candidate, even in the tag line — just that it’s authorized by the official agent.

    As for this and other merits of the case itself, I guess a judge should determine whether it was exploiting was a loophole (i.e. something technically legal but not necessarily in keeping with the spirit of the law) or illegal. But perhaps not a parliamentary committee that has already made up its mind. Speaking of which, the only reason “the opposition parties successfully proposed” that some of the aforementioned malcontents would be witnesses was because they could with a majority of votes. They’re not in some noble search for the truth. They’re just giving a soapbox to people with an axe to grind.

  • Geiseric the Lame

    “Can you or someone point me to the section of the Act that says voluntary national ads are OK for reimbursement but “coerced” ads are not?”

    section 406

    reasonably incurred.

From Macleans