Roundup: A victory for the status quo

Christmas came a few days early, courtesy of British Columbia, which rejected the referendum to change their voting system. A decisive 61.3 percent of British Columbians voted to keep First Past the Post, which one hopes would shut up the proportional representation Kool-Aid drinkers for some time – not that it will. They’ve already begun the ritual grousing over Twitter about how a) the referendum was the problem and people rejected it and not PR; and b) that voters are just too stupid to get that “PR is lit,” to coin a phrase. The provincial Green Party leader, Andrew Weaver, says that he gets the message and that they won’t be raising it “anytime soon” – but he also didn’t want a referendum in the first place and wanted it imposed, so we’ll see how long before he starts agitating for that option.

Next up for attempts at electoral reform are Quebec – where François Legault promised it sans-referendum with the support of other party leaders – and PEI, where PR narrowly “won” a poorly attended plebiscite, on the late round of a ranked ballot, hence the government plans to run another referendum during the next provincial election.
But seriously, guys. We need to stop this mythmaking about the current system, and this belief that PR is the only “good” system. Most of the gripes about the current system stem from ignorance and disengagement with the process that has allowed bad actors to co-opt the system to their own ends (and this is especially because of the bastardised leadership selection system that we have gravitated toward despite is demonstrated toxic effect on our system). PR doesn’t solve these problems – if anything, most PR systems simply exacerbate them and create whole new problems. Time to focus our efforts toward civic literacy and using grassroots engagement to fix the problems that we’ve allowed to creep into our system. And hey, I wrote a book on this as a primer for you.

https://twitter.com/moebius_strip/status/1075903388187910145

https://twitter.com/moebius_strip/status/1075906692880068608

https://twitter.com/moebius_strip/status/1075956069082386432

Meanwhile, Shachi Kurl of the Angus Reid institute breaks down the polling around the referendum, and should put to bed a few of the myths.

https://twitter.com/kevinmilligan/status/1075928443865292800

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Senate QP: Looking tough and talking out the clock

Following a lacklustre QP in the Other Place, the Minister of Looking Tough on Stuff, Bill Blair, headed for the Senate to take more questions related to his portfolio. Senator Larry Smith led off, asking about the financial pressure put on shelters in cities and provinces related accommodating irregular border crossers. Blair noted that he has been working with Ontario Minister Lisa MacLeod on the file, and noted that for the Toronto shelter system, the referred numbers are self-identified as refugees, which they arranged temporary housing for, and of the more than 400 that were referred to is now down to 35. Smith then laid out a number of facts related to irregular border crossers including the fact that the IRB wait time is around two years, and Blair gave a fairly broad statement about the increase in migration around the world, and that Canada saw similar spikes in irregular claimants in the past, and then veered off into talks about Conservative cuts to CBSB and the IRB that they have been forced to reinvest in, and from there went into the removals of failed claimants, before the temporary speaker cut him off for talking too long.

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Roundup: Mandate letter madness

Yesterday was the big day that the mandate letters for the new cabinet minister were finally released, and the Cabinet committees got a bit shake-up. You can get an overview of the letters here, and some deeper analysis on what’s being asked of Jim Carr in international trade, Dominic LeBlanc in intergovernmental affairs, and Jonathan Wilkinson in fisheries. Reading through the letters, however, I found that almost all of the new letters – either with established ministries or with the new ones that they are establishing – were all giving them specific direction on which other ministers they should be working with to achieve specific goals. Very few of them were goals that they were to pursue on their own, which I find to be very curious from a governance perspective.

The big question mark remains around Bill Blair and just what he’s supposed to do as Minister of Looking Tough on Stuff – err, “border security and organized crime reduction.” We got no insight as to whether he has any actual operational control over a department or an agency like CBSA. Rather, his list of goals included looking at a ban on handguns and assault rifles as part of the existing Bill C-71, and that as part of his duties in relation to the border, he should have discussions with the Americans about the Safe Third Country agreement, but it was all rather vague. (There was also some talk about opioid smuggling as part of his border security duties, for what it’s worth). Nevertheless, it was another one of those letters that was focused on which other ministers he’s supposed to be working with as opposed to providing oversight of a ministry, which I find weird and a bit unsettling as to what this means for how the machinery of government works under Trudeau.

Meanwhile, the number of Cabinet committees was reduced, and some of the files that certain of these committees were overseeing got shuffled around. We’ll see how this affects governance, but it’s all a peek into the sausage-making of governance (which, it bears reminding, that the Ford government in Ontario refuses to give any insight into as he refuses to release his own ministers’ mandate letters).

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Roundup: Singh’s pipeline waffle

On yesterday’s Power & Politics, NDP leader Jagmeet Singh gave an interview that was probably as close to a car crash as I’ve seen him give to date, which should probably start to worry some people. His insistence that he’s in this “for people” is baffling, because that seems to be the most basic, elementary thing that politicians are in politics for. He spoke about the “housing crisis” that the federal government is supposed to do something about (he won’t exactly say what, because in places like Vancouver, supply is an issue), he rattled off the lie that the federal government had cut healthcare (a changed escalator is not a cut, and that particular lie went unchallenged), and he insists that he can do more as an opposition member to make the government keep promises than a Liberal backbencher could. (This kind of spin is something that the Liberals will play with the exact reverse – that a backbencher can do more because they can talk to ministers in the caucus room). He also denied that seeking this seat was because of caucus pressure to get a seat (this was indeed an issue), and is promising to move there if he wins (and good luck finding a house in that market, even to rent), but won’t say what he’ll do if he doesn’t win (and it was a close three-way race in the last election).

The more painful part of the interview, however, had to do with his commentary on the current spat with Saudi Arabia, during which Singh started pontificating about energy sovereignty, and not getting oil from the Saudis any longer. Okay, great – they currently supply a mere 11 percent of Canadian oil imports, so that’s not a big deal, but energy sovereignty means pipelines going west-to-east, which the NDP had a big problem with already in a proposal called Energy East. But when asked about pipelines, Singh deflected and started talking about refineries, which is a different thing altogether. Falling back on NDP catchphrases like “value-added” and “rip-and-ship,” his argument not only didn’t make any sense (the question wasn’t refineries – but that is an issue because East Coast refineries aren’t built to handle western heavy crude), particularly economically (seriously, there’s a reason why we haven’t built new refineries and have in fact shuttered others), it ignored the question about how you have energy sovereignty without pipelines that will run through Quebec – a voter base that the NDP is desperate to hold onto.

He’s been leader for almost a year now – this kind of talking point word salad is getting a bit thin for someone who should be able to provide answers on issues of the day, and who shouldn’t just fall on reheating non sequitur talking points. But this is what the party chose (well, in as much as we’ll see how many of those memberships stay active).

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Roundup: Neither a minor nor a major shuffle

So there was a Cabinet shuffle, and while not major, it was a little bigger than some may have anticipated. Five new ministers have entered the fray, which expands things somewhat, but still isn’t into later Harper territory. Some of the changes are not unexpected – Joly being moved to tourism while still keeping official languages is a bit of a demotion from the Heritage file that she garnered so much criticism from, particularly in Quebec, on things like the Netflix file. Some of the changes are pretty political – moving Sohi from infrastructure to natural resources in order to have the Alberta minister on the pipeline file is pretty naked on its face. Bill Blair to border security (plus organized crime reduction) are two files that the government wants a stern face on to make it look like they’re taking action. Some of the additions, however, are a bit mystifying, like a minister for seniors? Really? Is this not just a pandering exercise to a voting demographic rather than a file with particular challenges that need addressing? And some of these questions won’t be answered right away, because the mandate letters won’t be available until later in the summer. Here is the updated Cabinet list including the existing ministers whose titles got modified, and here are profiles of the five new additions.

And then the reaction. Blair’s promotion may send the signal that they’re taking the border situation seriously, but it also can look like they’re a) caving to critics, b) admitting that this is a security and not a humanitarian situation, c) putting border security alongside fighting organized crime in the same portfolio risks conflating the two in the eyes of those who are convinced that these irregular migrants are really all criminals and terrorists. Trudeau apparently lured Blair into politics on the promise of fighting the number one enemy of public security – fear. I’m not sure that putting him in this new role fights fear or reinforces it.

In terms of analysis, Paul Wells notes both that putting Blair into Cabinet is a bit of a poke in the eye to Doug Ford, given that they were nemeses during the Fords’ years in Toronto City Hall, and that this new Cabinet is one built to survive the coming storms until the next election (along with the observation that Trudeau seems to have demoted himself by stripping away the intergovernmental affairs responsibility and giving it to Dominic LeBlanc). Kady O’Malley makes five observations about the shuffle, while Susan Delacourt looks at the shuffle from the perspective of reacting to the recent Ontario election.

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Roundup: Artificial deadline drama

It’s one of these kinds of stories that I’m already suspicious of – the kind that presuppose that the Senate is going to delay the course of legislation. And lo, the fact that there is a story with Bill Blair out there, shaking his finger at the Senate and warning them not to delay the marijuana legislation, is one that makes me roll my eyes because 1) the Bill still hasn’t passed the Commons, and may not yet for another week; and 2) I have heard zero plans from any senators that this is something that they intend to sit on until any deadlines pass or expire. In fact, I’ve heard pretty much the opposite – that to date, there is an extreme reluctance on the part of those making up the Independent Senators Group to delaying or being perceived to be delaying government bills, and they will provide the statistics to show that they pass bills faster than the House of Commons does as a way to prove that they don’t delay bills.

Oh, but what about the national anthem bill, which Conservative senators are sitting on and deliberately delaying? Well, that’s a private member’s bill, so it is at the mercy of Senate procedure, unlike a government bill – as the marijuana legislation is – which not only takes precedence over other business in the Senate, and which Senator Peter Harder, the Government Leader in the Senate – err, “government representative” could invoke time allocation on, and I’m sure that he would be able to get enough votes for it to pass (grumbling of Conservative senators aside). This having been said, I think that perhaps it may be pushing it for the government to insist that a major piece of legislation like the marijuana bill be passed by the Senate within three weeks given that they took much longer on it, and given that provincial governments have a lot to say on the matter – though I’m hearing that the Senate will likely sit a full week longer than the Commons will before they rise for the Christmas break, meaning that if the Commons passes it by this Friday, it would be four weeks for the Senate to pass it before the break, which is a long time for a bill in the Senate, but not unreasonable. And if the Commons was so concerned about how long it was taking, they would have picked up their own pace on the bill beforehand. They didn’t, and didn’t invoke time allocation on it thus far, meaning that this concern of Blair’s is artificial and used to create some faux drama. People aren’t stupid – creating a problem where one doesn’t exist is just as likely to backfire than it is to try and shame the Senate into doing your bidding.

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Roundup: The new Senate hurdles

Just how MPs should deal with an increasingly independent – and assertive – Senate is the question posed by former MP Bryon Wilfert and his firm partner Paul Hillier, and it’s a question that I’m really not sure that Justin Trudeau adequate considered when he embarked on this path to modernization. While they note that no longer having senators in caucus limits the closed-door opportunity to hear and debate government proposals, I will state that they overplay the concern about the ability to whip those votes. There has never been any formal power to whip senators’ votes, but they relied primarily on sentimentality or affiliation, and sometimes senators went along, and sometimes they very much didn’t. That’s one of the reasons why there remains a bit of a taint around the post-2008 Harper appointees, because most of them came in being told that they could be whipped, and they behaved as though they could – up until fracture points around the contentious bill C-377, and then they rebelled against their Senate leadership (and it’s not a coincidence that Marjory LeBreton resigned as Government Leader shortly thereafter). They also point to the very real problem that with so many new MPs, and with the Liberal senators no longer in caucus, the personal relationships between parliamentarians that would normally exist no longer do, and that does start to exacerbate the problem of driving legislation through the Senate.

Where I see their proposed solution as being problematic is the suggestion that committee chairs be the new agents to set the legislative pace and of trying to build consensus. Why I think this is a problem is that the point of committees is to hold the government to account, which is why ministers are so frequently called to appear before them. If the chair is acting as the agent of the government, rather than of the committee itself, it creates something of a conflict in their roles. As well, many of the committee chairs are from the Conservatives (not that the Senate Liberals are the same party as the government, but there is an assumption of greater sympathy despite the fact that the relationship has been pretty testy to date). Trying to co-opt those chairs into being government agents to drive consensus would seem to be antithetical to the purposes of having an opposition, and its accountability functions. It also puts those chairs in the awkward position of having stakeholder groups trying to court them in order to get their support in rounding up senators to support the bills – groups that would also want to come before committee to plead their cases when the bills get to said committees, which again presents a bit of a conflict. If anything, I do think this highlights the value of having caucuses for organisational purposes, and arranging these meetings – and yes, the Independent Senators Group could possibly host these same kinds of stakeholder discussions without trying to come to an internal consensus, allowing their members to make their own minds up (and to date, they have operated on a rule that anyone trying to get support does so outside of their meeting room). It will continue to take getting used to, but it will continue to take some serious thought about what roles we’re asking people to take on within the chamber in order to get bills passed.

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Roundup: Important praise for the status quo

The electoral reform conversation has been going around, and proportional representation fans frequently take to my Twitter feed to harass me about the subject, and we usually end at the impasse where they refuse to deal with our system as it exists in order to comprehend its logic. Regardless, there are few voices out in the mainstream in favour of the status quo option, but I was pleased to see that the Ottawa Citizen’s editorial board wrote a defence of the status quo. While some of it needed a bit more work (particularly in how they went about describing how the current system can “skew” results – it really doesn’t if you read those results properly and don’t import the logical fallacies of popular vote figures), but the nub of their argument is the most important – that our current system is particularly valuable in that it lets the electorate throw the bums out on a regular basis. It’s often said that in Canada, we don’t elect governments – we defeat them. And every few years, we get tired of who is in power, and we punish them and elect someone new who will clean up the mess left behind (and really, most of those parties need the defeats to let them clean house, re-energise, and think about where they went wrong. Sometimes, it takes them a couple of elections to do just that). What the editorial didn’t address very specifically is that in many PR countries, there really isn’t this ability to throw the bums out. Instead, they tend to be dominated by a central party who remains in power for decades, while they simply shuffle up their coalition partners when they need something. This was certainly the case in Germany, and while we don’t know what a PR-landscape in Canada would look like, it is a distinct possibility as there would be more incentive for small and fringe parties who exist to start agitating for their own power and influence within a coalition (as that would be the likeliest way to form future governments in what looks to be a continued sense of minority parliaments). As more small parties grow, the larger ones will likely fracture as there will be less incentive for the interests that they contain would stick around when they could gain outsized influence as a smaller party vying for that coalition power. Add to that, if we adopt a PR system that employs party lists, that makes it even harder for problem MPs to be tossed aside, as their fortunes are in the hands of the party itself, not the electorate. While emotional arguments about perceived fairness and “wasted” votes tends to rule the day, accountability should be a feature that requires greater consideration. Most other systems can’t provide it the way ours can, and that remains one of the reasons why I remain with team status quo on our electoral system.

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Roundup: No, they’re not new powers

I’ll admit that there has been some terribly naïve punditry about Michael Chong’s Reform Act, and a lot of touchy-feely optimism about the fuzzy notion of “reform,” but perhaps one of the most gallingly maladroit to date has come from Campbell Clark, who wonders if MPs will actually get the will to confront party leaders with their “new powers.” Yes, that was the sound of me sighing deeply. “New powers.” For those of you keeping score, Chong’s bill did not give MPs any new powers. MPs had all the power in the world thanks to the way our system of government is designed – elected as an individual MP under the first-past-the-post system, they are empowered to give or withdraw confidence, whether it is to their party leaders, or to the government of the day in the Commons. That’s an incredible amount of power because confidence is how our system runs. The problem is that they stopped empowering themselves to exercise their power, deferring first to leaders who were no longer accountable to them after we broke our leadership selection system to make it “more democratic” by taking away that power from MPs and giving it to the party membership (a convention which Chong’s bill now cements into law), and later to leaders who gained the power to sign off on their nomination forms (a measure designed to prevent spoofing on ballots and hijacked nomination races). Sure, MPs still had power and they could exercise it – but it generally meant that enough of them had to defy the leader all at once to ensure that the spectre of group punishment didn’t draw further questions, and few MPs had the intestinal fortitude to risk their necks. They still, however, had that power. For Chong to claim that his bill grants “new” powers is bogus. As I’ve stated before, it actually takes power away because it did not actually do away with the nomination sign-off power in a meaningful way, and it raised the bar by which MPs can openly challenge a leader so it can no longer be a small group who has the gonads to go forward, but will now see the media demanding the 20 percent headcount. So will MPs have the will to use these “new” powers? Probably not, because the bar has been set higher. But in the meantime, we’ll have the pundit class praising Chong for his efforts and his “courage,” rewarding him for the campaign of bullying and attempting to disenfranchise an entire body of parliament along the way.

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