Roundup: Rejected amendments on C-4

It looks like we may have another bit of drama between the Commons and the Senate with respect to the amendments on Bill C-4, which is the government’s repeal of two private members’ bills from the previous parliament that sought to limit unionisation. While the portions of the bill related to the repeal of the one bill on financial reporting for unions went through, there were amendments to retain the portions of the former bill on ensuring that union drives are subject to a secret ballot instead of the card-check system. The government has signalled that they plan to reject those amendments, which was not unexpected.

The insistence on secret ballots for unionization was a very fraught issue, and having covered the private members’ bills in the previous parliament, I spoke to a number of labour relations experts who said that not only did this was a problematic change because it put the system out of step with much of the legislation around it, but the process for making those changes – a private members’ bill – upset a lot of the balance in the system and because it had the Conservative government’s support, it shifted the role of the government from promoting settlements and giving parties mediators or arbitrators to one of being openly against the unions. None of that goes away with the Senate’s amendment process. This isn’t by any means to say that I’m trying to shill for the unionization side of things – I’m not. But this is one of those issues where process does matter, and the previous parliament upset the usual process by which these issues are agreed to.

And if the Commons rejects the amendments and sends it back to the Senate? Will they accept the judgment of the Commons? Likely. While the Conservatives in the Senate will likely try to fight this tooth and nail – seeing it as a legacy of their time in government – I’m sure there will be some pressure (and no small amount of admonition from Senator Peter Harder) to bend to the will of the elected members. If the Senate didn’t go to war with the Commons over the assisted dying bill, I have a hard time seeing why they would over this one, particularly as there is a good chance it would not survive a Charter challenge.

ETA: I confused C-4 and C-6 with regards to the call for a free vote. Those sections have been excised.

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QP: Attempting a defence pivot

After the introduction of the five new MPs who won the recent by-elections — who were introduced into the Commons in the proper fashion (which doesn’t always happen), and QP got off to a very delayed start. Rona Ambrose led off, worrying that Harjit Sajjan didn’t attend a veterans dinner to apologise to them personally. Justin Trudeau noted that Sajjan unveiled the new defence policy today, and slammed the previous government for not spending enough on the military, to many cries of outrage by the Conservative. Ambrose railed about how the Liberals don’t respect the troops, but Trudeau insisted that his government was going to fix the problems of the previous government. Ambrose concerned trolled about Sajjan’s reputation with the troops, and Trudeau accused them of talking a good game with supporting the troops but not following through. Ambrose tried again, and Trudeau insisted that they were leading the way with restoring the Forces. Ambrose tried another helping of concern trolling, and got the same answer. Thomas Mulcair was up next, concerned about our dropping World Press Freedom index ranking and wanted protection for sources. Trudeau said that they believed in that protection, and Mulcair dropped mention of the VICE journalist fighting the RCMP in court, before barrelling along to his prepared question about the old Bill C-51. Trudeau noted the report released and that they would change the legislation in the coming months. Mulcair then called on Trudeau to personally call Putin about gay men being persecuted in Chechnya, but Trudeau did not commit to doing so, just to better sponsorship for LGBT refugees fleeing persecution. Mulcair accused the government of not doing enough, particularly with emergency visas, and Trudeau spoke about the need for permanent solutions to help refugees, not temporary ones.

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Roundup: Ontario’s “basic income” scheme a bit suspect

The province of Ontario decided that it was going ahead with a three-year pilot project around basic incomes in three municipalities around the province – Hamilton, Thunder Bay, and Lindsay, each testing different circumstances and local conditions. But there are problems with the way this is all designed, which Kevin Milligan (who has been studying this issue) outlines:

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In other words, this isn’t really basic income, which makes it all that much harder to actually evaluate its efficacy, and if it’s not displacing existing welfare or benefit programmes, then it’s not really recouping those costs which makes this hideously expensive. And that’s really been the biggest problem with basic income proposals – the cost. While the idea is that they would displace current benefit programmes, there is less money to be had in cutting the red tape and bureaucracy than one might think, and I’m pretty sure that Bill Gates’ idea of taxing robots to pay for basic income for the workers they displace isn’t really feasible either.

Oh, and then there are the political considerations.

With an election not too far off in this province, we’ve seen a few moves by this government to try and out-left the NDP in places, hoping to cobble together the same sort of winning voter base that they managed to in their last election, and which their federal counterparts similarly managed in 2015. While I get the merits of basic income, I remain dubious of its feasibility, especially when this pilot project appears to be so poorly designed. But then again, I’m not an economist.

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Roundup: Earnest Scott Simms

As is becoming a daily occurrence, we have yet another voice weighing in on the Standing Orders debate, and this time, it’s the mover of the motion that’s causing so much Sturm und Drang in the House of Commons (and the Procedure and House Affairs committee) right now – Scott Simms. Simms, I believe quite earnestly, insists that we need to give reform a chance, and he lists all of the wonderful things he hopes to happen out of Bardish Chagger’s discussion paper, and I believe he’s earnest because he has recently co-edited a book on parliamentary reform with noted notoriously wrong-headed would-be reformers Michael Chong and Kennedy Stewart.

Of course, nothing in these proposals will fix what ails parliament, and will only create more problems than it solves. We’ve established this time and again, and I’ve written a book to this effect, but the problems are not structural. MPs, however, don’t necessarily see that because they’re trapped in a sick and dysfunctional parliamentary culture and looking around for fixes, they see some levers that look easy to pull, never mind that those levers will make things worse. Digging into the underlying cultural problems are harder to see and do, and that’s why MPs have been assiduously avoiding them, but we shouldn’t let them get away with it. Granted, it would be far more helpful if more members of the media could see that fact as well and not get lured by the shiny reform ideas that keep getting floated around, followed by the drama of the outrage, which is all too easy to get sucked into. Because who doesn’t love drama?

So with all due respect to Simms, no, the time for being open-minded about these reform ideas has passed. We’ve lurched from one bad reform idea to another for the past half century (century if you want to count the granddaddy of all disastrous reforms, which the Liberals promulgated in 1919 when they changed the leadership selection process) and things haven’t gotten any better. It’s time to take that hard look at where things are situated, and means slapping MPs’ hands away from those shiny, easy-looking levers. It’s time to have a meaningful re-engagement with the system, and nothing in these discussion paper ideas does that. In fact, it does the opposite.

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QP: Programming opposite Trudeau-Trump

With Trudeau away at the White House, it was still surprisingly busy in the Commons with most of the desks filled, but not all of the leaders were present. Rona Ambrose led off with the case of Vincent Li, didn’t mention his schizophrenia, and worried about the government looking to end the bulk of mandatory minimum sentences. Jody Wilson-Raybould reminded her that the review boards determined when those found not criminally responsible were eligible for release and discharge when people were deemed not criminally responsible. Ambrose decried that Trudeau voted against Conservative legislation that would ensure that people like Li were locked up for life, but Wilson-Raybould didn’t take the bait, and spoke in generalities about the need for broader criminal justice reform. Ambrose then raised the issue of carbon taxes, claiming that they would lead to jobs flowing south, to which Scott Brison reminded her that while they have had positive job numbers, the global economy is sluggish and they were working to stimulate growth. Luc Berthold then rose for a pair of questions in French to demand that the government lower business taxes and cut carbon taxes. For his first question, François-Philippe Champagne reminded him of their focus on trade, and for his second, Brison repeated his previous response in French. Jenny Kwan led off for the NDP, demanding an end to the safe third country agreement, to which Ahmed Hussen told her that there was no evidence that the US travel ban was having an impact on the agreement. Hélène Laverdière pointed out the illegal border crossing happening, and Hussen repeated his point that the executive order had to do with resettled refugees, not claimants. Laverdière brought up the case of a Quebecker refused entry into the US, to which Dominic LeBlanc reminded her that the US has the sovereign power to decide who goes into their territory but people could bring up concerns with them. Jenny Kwan asked the same again in English, and got the same answer.

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Roundup: No, Monsef was not demoted

So, cabinet shuffle, and while everyone keeps saying this is somehow Trump-focused, I’m not sure what labour, status of women, or democratic institutions has to do with Trump. There will be all manner of hot takes, and yes, you’ll get mine too. It was striking in that just barely over a year into the new government, two of the most senior hands have not only been bounced from cabinet, but from parliament as a whole – John McCallum headed to China as our new ambassador, and Stéphane Dion to parts unknown in what is likely to be a diplomatic posting of some variety, but what we’re not quite sure just yet. In a government that has very few experienced hands, this is something that does give me some pause. MaryAnn Mihychuk’s ouster, however, was not a great surprise given the stuff that came out when she had a number of duties taken away from her portfolio, particularly around her attitude and her ambition to be a regional political minister in a cabinet that has largely eschewed them. Chrystia Freeland to foreign affairs is not a surprise (making her the first Liberal woman foreign affairs minister in the country’s history – previous ones had been Conservatives), Patty Hajdu to labour seems a natural next step for the job she has been doing, and François-Philippe Champagne to trade is ambitious but he proved himself as Bill Morneau’s parliamentary secretary over the past year. Another first in Cabinet is Ahmed Hussen to immigration, who is Somali-born (and while some have said he’s the first Black cabinet minister, that would actually be Lincoln Alexander).

And then there’s Maryam Monsef. She’s off to Status of Women, which people keep insisting is a demotion, but I have a hard time accepting that notion. She carried a file that is the equivalent of a flaming bag of excrement and smiled all the way through. Sure, she’s no longer the person to finish trying to smother that file as elegantly as possible (so good luck with that, Karina Gould), but a demotion would have been getting the Mihychuk treatment. Status of Women is not a demotion. People went on TV scratching their heads about what challenges are in that department, apparently having not paid attention to the big files in that department, including sorting pay equity, ensuring that all government departments actually implement gender-based analysis, and that tiny little file about the plan to combat gender-based violence. You know, no challenges at all. Plus, she’s gone from a make-work portfolio that didn’t have an actual department – just a handful of PCO staffers to support her – to an actual line-department. It’s not a demotion. And did I mention good luck to Gould because yeah, now she gets to try to stick handle trying to find a way to kill the electoral reform election promise as gracefully as possible (despite Kady O’Malley’s belief that the PM thinks that all hope is not yet lost). Because seriously – this is a file that needs to be put out of its misery before it can cause actual damage to our democratic system.

Meanwhile, if you want hot takes on the cabinet shuffle, there are plenty here from Michael Den Tandt on Freeland, Andrew Potter on Dion, Susan Delacourt susses out the dynamics, while Paul Wells adds both some global perspective and insight into what it says about Trudeau.

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Roundup: Cancelling trips never contemplated

At the risk of this becoming a media criticism blog, I have to take exception to the big Globe and Mail story that they were pushing all weekend, about how Justin Trudeau was not going to attend the Trump inauguration in January.

I. Can’t. Even.

Seriously. Canadian prime ministers never go to inaugurations. The protocol people in Washington make it pretty clear that they don’t want heads of government or heads of state to attend. This is not a scandal. Nor does it have anything to do with Trudeau’s decision to go on his little cross-country tour. The rest of the piece is fairly hysterical about the tour, and Trudeau not going to Davos, Switzerland either, and then meanders into the fact that the US ambassador was recalled on inauguration day.

Um, guys. This is routine. They are almost always recalled, and then it takes them months and months to get new ambassadors approved by the US Senate. Remember how it took Obama nine months to get Ambassador Jacobson here? And how we were worried that it meant that he was mad at us or something? And then it took another several months between Jacobson and Heyman? Yeah. This is not out of the ordinary. Yes, Heyman has been very popular, but did you honestly think that Trump would keep an Obama fundraiser in the post after he took office? And more to the point, would it kill our political reporters to have a sense of history and perspective in their stories, rather than trying to make everything some kind of proto-scandal? It’s not only wrong, but it’s dull. We can do better.

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Roundup: Civilian control – it’s a Thing!

Over the past couple of weeks, as the government’s “interim” fighter acquisition plans were announced and the fallout has been filtering down since. I’ve seen a lot of fairly disturbing commentary around it, not just from some of the usual ass clowns on social media, but I’ve also seen it in the House of Commons. No less than Rona Ambrose told the Prime Minister that the government needs to get out of the way of military procurement decisions and let the military decide what it needs or wants.

Nope. So much nope.

In case Ambrose or anyone else has forgotten, in a liberal democracy we insist on civilian control of the military. That’s kind of a big thing, and as Stephen Saideman points out, it’s a central ingredient and necessary thing for democracy. And it’s not just this attitude creeping out in Canada, but we’re seeing it in spades in the United States right now as Donald Trump is looking to put former military members into cabinet who haven’t passed their designated “cooling off” period yet.

It’s also why I get annoyed by these stories about how the government’s plans and policies are characterised as “contradicting” the head of the Royal Canadian Airforce, for example. The problem with these kinds of headlines is that if you’ve at all paid attention to the Canadian Forces for the past number of years, you’ll see that they will always say that they have the resources at hand to do the job they’re asked to do. If the government says that 65 new planes are enough, well, then the RCAF will make sure that 65 planes are enough, no matter how much they might like or need more. Plenty of stories filtered out during the air mission in Iraq about how the RCAF was managing it despite their budget constraints, and it was a lot do to with cannibalising training budgets and so on to ensure that those missions that were being asked of them still flew, and they did it without public complaint. (Never mind that they were concerned about the declining readiness of the fleet at the time, but they still had a job to do that was being asked of them, so they made it work).

We need to remember that governments set policies, and they are held to account for the policies they set, but it’s not up to the military to tell us what that policy should be. We’ve had procurement problems in the past where the military were allowed to set their own parameters and went wild looking for the biggest and the best kit available, and boondoggles resulted. So yes, the government can set its own policies and align procurement to match it. That’s fine. And we can hold them to account for that policy on any number of metrics. But we should really refrain from that metric being “the military said the old policy was fine” because of course they were going to say that. It’s also not their job to be yet another cudgel for opposition parties to wield and then hide behind like they do with every other institution and officer of parliament. Civilian control matters. Let’s remember to treat it that way.

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Roundup: Debating useless rule changes

Yesterday was “debate the House rules” day in the Commons, and lo, there was some talk about eliminating Friday sittings again, which the opposition parties tend to be against, but fear the government will try to ram through anyway. And yes, we all know that Fridays are not like any other day, particularly because MPs need to get back to their ridings, but there are still debate hours that happen, and eliminating them means either making up for them elsewhere, or losing them altogether, after we’ve lost plenty of debate hours in the past number of years, all to be more “family friendly” with spring breaks and so on. Kady O’Malley followed the debate (I would have more if I didn’t have other deadlines to file), and some of the best and worst are below.

Eliminating whip/House leader-provided speaking lists absolutely needs to happen. It removes agency from MPs and is part of what has debased QP into this scripted farce and turned debate on legislation into nothing of the sort. If you take away the lists – and then ban the scripts – it will help to make the debate free-flowing once again rather than just exercises in reading speeches into the void.

Oh, the irony. The bitter, bitter irony.

I am dubious, as we would have people tabling all manner of nonsense to “prove” whatever they were saying in QP, almost all of it irrelevant. (Also, look up the story about the tabled hamburger from the Alberta legislature that they ended up preserving).

No. We do not need to privilege private members’ business any more than we already do. Most of it is out of hand, with useless and costly Criminal Code piecemeal amendments, more national strategies than you can shake a proverbial stick at, and even more bills to declare national days for every issue under the sun. The proliferation of PMBs is already out of hand, we don’t need to make it that much worse.

So…turning the summer break from three months to four? No. But do feel free to sit more days in January regardless.

Not unless we start insisting that supply days start being about actually debating supply once again.

Because Parliament is just a debating chamber for hobbyhorses? Because there isn’t actual work that needs to get done?

Not unless parties start agreeing that second reading debates be severely curtailed, and that debate on government bills can collapse relatively quickly. But seriously, committee work already happens while debates are going on in the Chamber so I don’t see the point of this. At all.

Amen.

Seriously. I can’t believe that this actually needs to be pointed out.

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Roundup: Unseen consequences and consolidating power

In discussions around the Senate modernization report earlier this week came the question of fallout from Justin Trudeau’s decision to kick his senators out of national caucus, and how that spurred part of the reform discussion within the upper chamber (the interminable Duffy-and-company related expense issues being another of those triggers). While Paul Wells notes some of those consequences and how the decision was a good foretelling of Justin Trudeau’s management style, comments made by Senator Serge Joyal also caught my attention, particularly around the unintended consequences of the banishment.

One of the things about having senators in national caucus is that they have the benefit of being the institutional memory of parliament, because they’re there over the course of several parliaments and aren’t prone to a lot of turnover like the House of Commons is. That means they’re not always finding their feet like MPs are, or concerned about their own re-election, like MPs are, and they’ve also been there and done that with a lot of proposals that keep coming around. Kicking senators out of caucus is to forgo a lot of that knowledge and experience which is bad enough, but Joyal pointed to another problem, which is that it points to even greater centralisation of power by the leader’s office because there are no longer senators in the room to tell newbie MPs when they are or aren’t bound to follow leaders’ orders. And that’s actually a pretty salient point considering the context of Trudeau and the his own power consolidation.

By being chosen in the manner that he was – by “supporters” as opposed to caucus or even party membership, Trudeau is accountable to nobody, his selection base being so diffuse and nebulous that it could not be replicated. That allows him to argue that he has the “democratic legitimacy” to do what he wants, and demands that caucus fall into line as a result. One of his earliest actions was to kick out senators, while ostensibly about making the upper chamber “more independent,” which in a sense it will, but it also removes those voices from his caucus that can speak up about any way in which he may be inappropriately using his powers as leader. Add to that the way in which he and his team managed to push through changes to the party’s constitution that centralises policy-making into his office (under the rubric of being “more responsive” and “more modern”) and eliminated any regional power bases that could challenge his supremacy as leader, well, the picture starts getting all the more clear, that he has consolidated a very great amount of power at the expense of his party’s grassroots and caucus, more than any other party leader has in this country thus far, and that should be concerning to anyone who respects the particular accountability mechanisms inherent in the Westminster system. Joyal is right to make this point, but one suspects that few people are willing to listen, chalking his concerns up to the wounded feelings of being turfed. They’re not, and we should be paying attention to this consolidation of power.

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