Tag Archives: Budget 2016

Roundup: An imaginary crisis

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The summer hearings of the electoral reform committee have ended, and now they move to cross-country hearings before they begin their deliberations. The optimistic among them think they can achieve consensus. The remarkably optimistic insist that it’s going to be some form of proportional representation. And the Conservatives say that any consensus would be contingent upon a referendum, while some Liberals say that if they can get consensus there would be no need for one. So, with any luck, that means it’ll all go down in flames. That said, there was still more eye-rolling testimony yesterday that should be commented upon.

There’s this existential drama going on where a Liberal MP on the committee noted that they’re not in a crisis situation, so is this the best time to have the debate, and Elizabeth May, true to form, prompts a witness to say that we should change the system now before there’s a crisis. But what crisis are we talking about?

This I can’t figure out. We’ve had 149 years post-Confederation of free and fair elections, and reasonably good governance, and do I keep needing to remind everyone that the system isn’t broken? Because it’s not. And people who tend to talk “crisis” have been the ones from whom that crisis is that the party they favour didn’t win. “Oh, but Stephen Harper!” the exclaim. To which I remind them that he wasn’t a Bond villain. Yes, he bent the rules of Parliament to their breaking point, but that had absolutely nothing to do with our electoral system and everything to do with all of the other tinkering that we’ve done to our system in the name of making things “more democratic,” like changing the way we select leaders. Harper had a “democratic mandate” from his party members, the cachet of having united the party, and an immense amount of goodwill among the party members for that. But he was also unchallenged by his own party members for his going too far and his excesses because the party members let him, in large part because of civic illiteracy on their part in not knowing they had agency enough to push back, and their accountability measures having been weakened by successive generations of ways in which people tinkered with the system. This whole electoral reform exercise is just tinkering with the system on a more massive scale, and I have zero confidence that things will end up better because (to quote Colby Cosh), it’s a contrived moral panic over a solution in search of a problem. There is no crisis. There will not be a crisis, and it will certainly not be over the perceived legitimacy of a so-called “false majority” (which doesn’t exist because it’s a sore loser term to try to make a Thing out of a logical fallacy). The crisis is one of civic literacy – not the electoral system. Attempts to cast it as such are disingenuous in the extreme.

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Roundup: Not a grown-up party

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There is an interesting piece in yesterday’s Hill Times about the policy process of the Green Party as it struggles to grow from an activist movement into a serious political party. Despite the heavy reliance on commentary from the one non-party voice in particular, there are some interesting lessons therein about ways in which their current process is causing problems with resolutions around things like the BDS movement, which put it at odds with the leader. If you recall during the last election, it came to light that some of their platform policies around things like divorce laws were MRA propaganda, forcing them to do quick disavowals to go along with the shrugs of “hey, we’re a very open party” and “grassroots democracy!” And don’t get me wrong – grassroots engagement is a good and necessary thing in politics, but there does need to be framework around it that ensures that grown-ups are in charge and that really problematic contributions can be weeded out rather than thrown into the “open-chalkboard” approach that sets too low of a threshold for some of the more odious policy ideas to make it through without a really proper vetting. (Conversely, there needs to be enough power at the grassroots level so it’s not just the leader’s office deciding policy without any accountability for doing so, which the Liberals seem to be moving toward). What’s more concerning is that the attempts to move to some form of a proportional representation system that would allow for these more fringe views to gain seats without the party having matured into a credible political force that can deal with its crazies. Believe it or not, there is such a thing as being too open and too “grassroots” in politics, and it’s part of what is causing the implosion of the Republicans in the States, where the lack of controls in favour of more “direct democracy” primaries – alongside with this narrative that government is corrupt or illegitimate – has caused it to become completely unhinged. Some of these same messages are being echoed by the kinds of people within the Green Party, coded in language around the current electoral or party systems. It does become concerning, and it’s why these kinds of too-open endeavours start to make me nervous.

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Roundup: Unger vs Black

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Further to Senator Black’s resignation from the Conservative caucus, we have a couple of reactions – first, an interview with Black by Jen Gerson, in which Black expresses his excitement for the “uncharted territory” of greater independence in the Senate. Second, a somewhat bitter response from fellow “elected” Alberta Senator Betty Unger, who repeats some of Senator Plett’s accusations about Black’s attendance, and goes on to assert that senators should be in a caucus to give them some kind of accountability. Oh, and then there’s Kady O’Malley, who notes the “disappointment” of Senator Tannas in his response to Black’s decision, in which she reminds them in her own Pollyana-ish way that yes, they can still work together even if they’re no longer in caucus together.

Among the responses are some particular problems with the conceptions of how a caucus can and should operate, and part of that stems from the fairly unique situation of how the Senate was being run under the Harper government. Unger is correct in that being part of the national caucus brings more perspectives and allows more participation (which is one of the reasons why Trudeau’s decision to banish senators from his caucus was short-sighted), but her conception of caucus providing “checks and balances” to senators is a bit mystifying, particularly considering that there is little that a caucus could do to actually control a senator given that they have institutional independence under our constitution. Sure, they can threaten them with being removed from a committee or from participating in travel, but that’s the extent of it, and if a senator feels a particular conviction on an issue, then that’s a risk they can and have taken before.

As for Black, being part of a caucus in the Senate doesn’t mean that he is forced to toe any particular party line, whether they achieve consensus on a position or not. Granted, since he has been in the Senate, it was operating in a more tightly controlled environment because the Conservatives had largely trained their new senators to believe that this was the norm, that they could be whipped, along with some cajoling about how they needed to go along with things under the rubric of “you want to support the prime minister, don’t you?” And that would usually cow them into line, never mind that there are no actual levers of power for a government to assert in the Senate. Black and Unger both have always been in the Senate where they were told that there was this expectation, and now that they are in opposition and the party is in a leadership convention, they are suddenly finding themselves without that same comfortable feeling of obligation to the person who appointed them (never mind their “elected” status – it certainly didn’t mean anything for their “elected” predecessor Bert Brown, who insisted that senators had to dance with the one who brought them). Black obviously decided that he felt freer in this environment and wanted to push it further. That’s his prerogative; Unger feels the need for structure, and that’s legitimate, so long as she knows that she has that institutional independence and that there is no such thing as caucus control for a senator (and I’m not sure that she does, given her Senate “upbringing”).

But honestly – between the fetishisation of “independence” and the wrong-headed notion of “checks and balances” that don’t actually exist, neither are really on the side of the angels on this one.

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Roundup: Not really elected, not really a betrayal

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Alberta Conservative Senator Doug Black announced yesterday that he was going to sit as an independent, and a bunch of tongues started wagging because Black is one of the “elected” (and I do use the term loosely) Senators. A number of people also said a bunch of boneheaded things about the move, and we’ll get to that in a minute, but first, a refresher on the “election.”

For those of you who were unaware, Alberta has run a series of nonsense “consultative elections” for “senators in waiting” a few times, and it’s a process that has been problematic on a number of levels, not to mention the fact that the whole thing is unconstitutional. I mean if you want to elect Senators, then there’s a process, which is the general amending formula of the constitution, meaning seven provinces that represent 50 percent of the population. That didn’t happen, however Stephen Harper appointed from this list. Among the quirks of these “consultative elections” is that the candidates were largely running on the tickets of provincial parties – you know, ones that don’t exist on the federal level, not to mention the fact that the provincial Liberals boycotted an unconstitutional process, and the NDP refused because they want to abolish the Senate altogether. So this last time around you Senators running under the provincial Progressive Conservatives and the Wildrose Party, both of whom were pledged to sit as federal Conservatives, never mind that the two parties are different and don’t actually stand for the same things. And did we mention that this is an unconstitutional process? Because it is – you can’t do through the back door what you can’t through the front, never mind that Harper and the Alberta government at the time figured you could.

So what does this have to do with his decision to leave caucus? Well, people like Senator Don Plett are angry, calling this a “betrayal,” while his fellow “elected” Senator Scott Tanas was passive aggressive in his “disappointment” with the move. Plett went so far as to start saying that this was Black’s way of avoiding the whip as he apparently has a terrible attendance record (note: this could be verified, if one actually wanted, and I’m not sure that I care enough to go digging), and moaning that these “votes” have been “deprived of a Conservative representative.” And this is all very much like the floor-crossing debate, which is ridiculous. MPs are elected on an individual basis – our first-past-the-post system gives them enormous agency because they are elected as an individual, even if they are running on a party ticket. They are not there because their party won votes and they are apportioned the seat off of a list (which empowers the party, not the MP). For a senator, however, they are appointed with a great deal of institutional independence, because that is what their job requires of them if they are to be able to push back against a majority government when required, or speak truth to power without fearing for their jobs. And no, Black was not “elected” – he was appointed, despite it being on the basis of a sham “consultative” process. So guess what – with that institutional independence, he can choose whether he wants to sit in a caucus or not. It’s why a Prime Minister should be very careful in the vetting process before they appoint someone (and no, an election is not necessarily a good vetting process, particularly given the way that the Alberta process was run, and gosh, it’s not like bad apples have ever been elected before). So really, the fact that he claims to be “elected” is of little consequence with this move, other than as a kind of “fun fact.” If he wants to sit as an independent, then more power to him.

Meanwhile, Senator Patrick Brazeau’s suspension is now over and he’s back to work, vowing to “clean up” the Senate – which gives one flashbacks of an acquitted OJ Simpson vowing to catch his wife’s killer. And no, Brazeau’s legal troubles aren’t over.

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QP: Genocide and refugees

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Despite it being Thursday, there were no major leaders in the Commons today, which is a disappointing slide back to the poor attendance record of the previous parliament. Denis Lebel led off, referencing their opposition motion on calling ISIS a genocide and demanded support for it. Pam Goldsmith-Jones responded with the government line that the declaration is not a political one but a legal one, and it needed to have the endorsement of the International Criminal Code. Lebel moved onto the possible sole-sourcing of Super Hornets, for which Harjit Sajjan reminded him that the Conservatives were about to sole-source the F-35 fighters, while he had not yet made a determination. Lebel demanded a transparent process, and Sajjan reiterated that no decision was made. Andrew Scheer accused the government of playing politics with military equipment, and Sajjan snapped back that he has been in combat. Scheer then returned to the declaration of ISIS as a genocide, and Goldsmith-Jones repeated her previous answer. Peter Julian led off for the NDP, calling out the government on C-14’s constitutionality, and Jody Wilson-Raybould insisted that they came to the right balance. Julian and Ruth Ellen Brosseau said that the Senate was making the amendments that they had proposed, and to Julian, Wilson-Raybould repeated her answer while Jane Philpott responded to Brosseau that she hoped the Senate would pass it. Brosseau repeated her question in French, and Philpott reiterated that she hoped the bill would pass expeditiously.

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Senate QP: Third time’s the charm

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Twice before, the Senate has invited Small Business and Tourism Minister Bardish Chagger to attend Senate Question Period, and in each of those attempts, scheduling on either side scotched the attempt. This time it finally happened, even as votes in the Commons went a bit overtime.

Senator Carignan led off, as he often does, and asked a fairly standard question about the small business tax rate. Charger, used to this question, gave her standard reply about how the government was looking to put more money into people’s pockets, and how that would benefit the revenues of these small businesses.

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QP: An end to constant clapping?

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On caucus day, all of the leaders were present but there were a few curiously empty desks. Rona Ambrose led off, mini-lectern on neighbouring desk, asking about Canadian special forces troops coming under fire near Mosul, and wondered about the training mission. Trudeau replied about helping our allies take the fight to ISIS, and listed off the additional resources added to the mission. Ambrose asked again about the combat mission, and Trudeau reiterated that it was not a combat mission. Ambrose then moved back to the howls for a referendum, and Trudeau listed off his promises of broad consultation. Denis Lebel took over in French to demand a referendum, and got much the same answer, and then a second round of the same. Thomas Mulcair was up next, asking about RCMP surveillance on journalists, and Trudeau reminded him that the RCMP were taking steps, and that they have learned from their mistakes. Mulcair asked again in English, and demanded why C-51 was not repealed. Trudeau mentioned ongoing consultations with stakeholders and the forthcoming parliamentary oversight body for national security. Mulcair then switched to C-10 and jobs affected, and Trudeau insisted that they were trying to ensure the long-term success of the industry. For his final question, Mulcair bemoaned the lack of investment in Bombardier, and Trudeau reiterate that they are encouraging investment in the sector.

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Senate QP: Grilling the revenue minister

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After a couple of aborted attempts to hear from the minister for small business that never got off the ground, the Senate heard instead today from the minister for national revenue, Diane Lebouthillier. Senator Claude Carignan led off, asking about the “amnesty” granted to KPMG for setting up tax havens. Lebouthillier insisted that the CRA does not use the term amnesty, and that they are are working against tax evasion and tax avoidance. Carignan wondered if the “special offer” could apply to other firms who could ask for the same arrangement for their own clients. Lebouthillier noted the billions recovered last year and noted the study done into the operations of KPMG and that the CRA operated within its rules.

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QP: Slightly sharper responses

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It was very nearly a full house, and all of the leaders were present and ready to go. Rona Ambrose, mini-lectern on neighbouring desk, led off by concern trolling about the government trying to control the debate — as though her government was blameless on that front. Justin Trudeau rose to respond, noting that sixteen amendments were made to C-14 during the committee stage and that it was a free vote on the bill, while mentioning the deadline. Ambrose then moved onto the first of many demands for a referendum on electoral reform, for which Trudeau gave some standard lines about Canadians demanding change for the system. Ambrose accused the government of trying to rig the process and that they had hired a proponent of ranked ballots, but Trudeau responded with platitudes about a more inclusive process. Denis Lebel was up next to concern troll about Liberal party members being “muzzled” on C-14 debates last weekend, and Trudeau insisted that they had frank discussions including the ministers. Lebel worried about the provinces with C-14, and Trudeau insisted that the bill was largely based on the Quebec model. Thomas Mulcair was up next, and rises the Environment Commissioner’s report on toxic substances not being reported to Health Canada. Trudeau thanked the Commissioner for her report, and said that they would implement her recommendations. Mulcair then moved to a declaration that C-14 was unconstitutional, and Trudeau gave the standard responses. Mulcair demanded that the bill be referred the Supreme Court, but Trudeau reiterated the deadline debate. Mulcair pivoted again and demanded immediate decriminalisation of marijuana, for which Trudeau chided him for his desire to do an end-run around parliamentary process and that decriminalisation wouldn’t keep it out of the hands of children.

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Roundup: Debating electoral reform processes

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Amidst all of the continued and sustained howling by the Conservatives for an electoral reform referendum, and the interminable bellyaching about the composition of the parliamentary committee and how it doesn’t let the NDP game the system in their favour, the Ottawa Citizen commissioned Stewart Prest to write a pair of op-eds about the reform process and the problems it faces, and to debate between the usefulness of a referendum or a citizens’ assembly. On the former point it’s fairly uncontroversial – that the Liberals won’t be able to get broad-based buy-in unless they can get more than one party on-side, but we’re not having any discussions about ideas because all we’re hearing is howling and bellyaching. Prest’s latter point, however, is the much more troublesome one, because I have a great deal of scepticism about citizens’ assemblies, particularly based on what happened in Ontario. Prest touches on the two main criticisms, both of which need to be expanded upon – that they are easy to manipulate, and that they undermine our representative democracy. On the former point, the outcomes of these assemblies tends to be overly complicated and shiny, what with STV in BC and MMP in Ontario. That there is a pro-reform bias to these assemblies is in and of itself a problem (not to mention that the pro-reform narrative, no matter who it comes from, is ripe with dishonesty particularly as it comes to the status quo), but that the lack of civic literacy on the part of the participants makes it easy for them to fall into the thrall of the various “experts” that steer them to the various options. As for the latter point, I do think it’s a problem that we entrust these very big decisions to a group of randoms with no legitimacy. (If you bring up the Senate’s legitimacy, I will remind you that their authority comes from the constitution and that their appointments are based on the Responsible Government principle that they are made by a government with the confidence of the Chamber). It does diminish our representative democracy because the inherent message is that politics is not to be left up to the politicians, which is a sad kind of cynicism. We elect our MPs for a reason. While I could be convinced as to the merits of a referendum because it would legitimise a decision of this magnitude made by our elected officials, to pass off that decision to yet another body is to again this same kind of buck-passing that has made it acceptable for us to insist that the Supreme Court now do our legislating for us instead of MPs, or officers of parliament to do the role of opposition instead of MPs. Why? Because it’s easier for the elected to hide behind the unelected to avoid accountability, and the public laps it up because they’re not elected so they must have superior opinions, freed from the grasping for re-election. So no, I don’t really see the merit in citizen assemblies as an end-run around democracy, and I think it needs to be called out more loudly.

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