Roundup: A questionable path forward

Two former senators, Michael Kirby and Hugh Segal, got together to write a report on how they see a move to a more independent Senate should go, and offered a number of suggestions along the way. (They summarise the report in an op-ed here, as does Susan Delacourt in her column here). The highlights of the report are that they feel that the Parliament of Canada Act be amended so that the Senate is no longer dependent on recognized party lines to organise themselves, that they instead be organised into four regional caucuses (Newfoundland and Labrador apparently being lumped in with the Maritime region, and the territories being given a choice as to which region they want to sit with) that would form a “senior council” to decide things like committee selection. They also suggest changes to Senate Question Period, that the absolute veto be self-limited to a six-month suspensive veto, and that the minimum age of 30 be dropped as with the net worth qualification of $4000 (but not property, as it helps to determine residency requirement).

While I will no doubt discuss these recommendations in more depth elsewhere, I will first preface my comments by saying that the Senate Modernisation Committee will have their own report out in a few weeks, and we will likely get a better sense of how things are headed on the ground from there. As for these recommendations, while changes to the Parliament of Canada Act need to happen in order to break the party oligopoly now in place, I fail to see the value-added of regional caucuses. Current committee selection already looks at regional as well as gender balance, so creating a “council” to determine this seems frivolous, and the current seat allocation on committees will rebalance as more unaffiliated senators are appointed and start feeling comfortable enough to take on committee work. I’m not sure that enforcing regional lines is really what the Fathers of Confederation had in mind (as Segal and Kirby keep going back to) because I think it has the potential to create balkanization. Breaking the oligopoly and giving the unaligned senators more of a voice in organization and logistics can happen without needing to completely freeze out parties. The post-2008 excesses were not necessarily the fault of partisanship per se as it was an overly controlling PMO manipulating new senators, who didn’t know any better, to get their way. The suggested changes to Senate QP (like asking questions of committee chairs) make no sense as there is little accountability to be had from them, which is the point of QP. The change to a suspensive veto I am wary of because the point of the Senate is to be able to check the powers of a prime minister with a majority, and saying that the Lords in the UK has been like this since 1911 ignores the history or temperament of that chamber as it differs from our Senate. As for dropping the minimum age, if I had my druthers I would raise it a decade if not two, but if we can’t do that, then leave it as is. We have no need to appoint twentysomethings to be there until age 75. Sorry.

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Roundup: The return of the Reform Act

Despite hopes that we might be rid of this nonsense, Michael Chong is back with a vengeance, plugging for parties to implement the Reform Act when their caucuses meet in the coming weeks, and hey, he’s not done spouting a bunch of complete bollocks about the new legislation! A reminder: The Reform Act is de facto useless, and de jure harmful to our system of government. I’ve outlined it all before here, here and here, so that soil is well tilled, but suffice to say, it’s not going to empower MPs like he says as MPs already have that power but simply don’t exercise it. It will, in fact, do the opposite. But then there’s some troubling statements he made on Power & Politics last night regarding his idea of the role of the Senate when it comes to leadership votes. Not only did his bill define the caucus as MPs only, but he stated that senators have no role in the selection of an interim leader because it was about (in this case) choosing the “leader of the opposition” which had nothing to do with the Senate, since MPs didn’t choose their leader. Nope – all wrong. It’s about choosing the interim party leader, not just leader in the Commons, and senators are just as much part of the party as MPs are. That makes a difference, particularly if the interim leader is going to be making organisational changes within the party structure which senators are every bit as entitled to have a say in as MPs. Also, because that leader will be able to choose who the Senate leader is going to be (well, for the Conservatives anyway – mileage may vary for future Liberal interim leadership votes), they have a vested interest in who will be chosen. Chong insisting otherwise is being disingenuous. So why is he making the big pitch – other than for the sake of his legislative legacy? Because I’m pretty sure that he’s building himself up for a permanent leadership bid as the “great reformer.” It’s too bad that his reforms are a sham that only serves to entrench what problems have grown in our system. But it’s all about looking like you’re changing things, right? It’s cynical, and sadly, a great many people (my journalistic colleagues included) will lap it right up.

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Roundup: The Conservatives’ anti-refugee inertia

With opinion galvanizing around the Syrian refugee crisis, there are calls for the government to do more – even if the opposition parties’ targets remain a little on the weak side in the overall picture. Cities and provinces – in particular Quebec – are pledging to do more, but they are bound by the pace that the federal government sets. And above all, that is the real problem with Canada’s response. Chris Alexander has been subtly blaming the UNHCR for their slow and onerous process while trying to cast his government in a positive light for trying to change that, except they’re the ones who’ve made the system far more onerous in the first place. I’ve covered the refugee file for a number of years, most especially when I was writing for Xtra, and a consistent theme emerged was that every time the Conservatives changed the rules, they were making it harder for refugees to make it into the country. In a particular bid to try to keep out refugee groups that they didn’t want to deal with – Mexicans and Roma are two that immediately come to mind – they continually tinkered with the rules, going so far as to create a “designated country of origin” list to make it easier to reject and deport those groups, no matter that a high volume of them had legitimate claims. They shortened processing times on arrival to prejudice the system against them, particularly when it’s difficult to get documentation, and denied them avenues of appeal. And overseas, they’ve understaffed embassies and missions in areas with high refugee populations and outsourced refugee determination to the UNHCR, which doesn’t have the resources and capacity to do that. Here in Canada, they’ve shifted their focus to private sponsorship away from government sponsorship, and even when they try to assist private groups, they don’t give them the assistance that they really required, such as capacity building. And then there was the whole issue of cutting off healthcare for refugee claimants, which was also used as a means of disincentivising people from coming over. Add to this a focus on risk assessment and then prioritizing minority populations in places like Syria and Iraq, and suddenly it’s no wonder that they’re moving at a glacial pace when it comes to getting more refugees resettled in Canada. The lack of political will to tackle this refugee crisis has been long-standing and a long time in the making. There are plenty of things that they could do, as Joe Clark explained, such as putting people on the ground in the region, doing security checks there, relieving the UNCHR of all of the work of refugee status determination, and arranging transportation rather than offering them loans for it (because if there’s one thing that refugees need it’s to be nickel-and-dimed by the Canadian government). They have the capacity, but they’ve spent so long trying to choke off the flow of refugees that the law of inertia has taken hold, and they can’t turn the ship around. I don’t think enough people are calling them out on this fact.

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Roundup: Refugee crisis derails the election

News that the family of that Syrian boy who drowned off the coast of Turkey was trying to get to Canada and had been rejected touched off a political firestorm yesterday, and it wasn’t until hours later that some clarity was brought to the situation – that the sister of the boy’s father was in Canada and applying to sponsor her family, starting with her older brother, then the child’s father and his family (which included a wife and another son, all of whom were lost when their boat capsized). Chris Alexander made a show of “suspending his campaign” to come to Ottawa to meet with officials, but his campaign really wasn’t suspended – he just wasn’t door-knocking, and then he hid out from the media in the airport and ended up going out a back way in order to avoid them. Statements from the aunt in Vancouver and the government clarified some of the statements around the events with their refugee application, but much of the damage had already been done, and the government looks poorly for it – particularly because of the slow pace at which they are assisting refugees in the area, and padding their figures with those refugees from Iraq, and the fact that they appear to be cherry-picking those from religious and ethnic minorities. Harper hasn’t really helped, insisting that this is really about ISIS and saying that it’s more important that we carry on the fight against them – never mind that a) Assad and the Syrian government forces have killed more Syrians by far than ISIS or any other faction, and b) air strikes are not going to stop ISIS and the government knows it. He also insists that we’re one of the most generous countries in assisting refugees, but the numbers simply don’t show that. University of Ottawa professor Roland Paris shares some thoughts on the situation, while Scott Gilmore argues that we should take in twenty times the number of refugees being promised now, up to as many as 200,000, which we could pay for by cancelling a couple of boutique tax credits. Michael Petrou notes the real problem of the war in Syria.

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Roundup: Barton vs Alexander

One of the great failings of our politics is the way that everything has devolved into talking points – and usually, they’re utterly moronic talking points that have little to do with the questions being posed to whichever MP is speaking, and sometimes those talking points are complete non sequiturs to the topic at hand. And it’s not just Conservative MPs who ape them either – the NDP are some of the worst at it, ever since the 2011 communications lockdown started, and there are fewer sights more painful than watching their young rookie MPs being sent into an interview armed only with two or three talking points and nothing more. And then there’s Chris Alexander – Oxford educated, former diplomat, and the most petulant communicator that the 41st parliament produced. With the topic of Syrian refugees top of mind, Alexander went on Power & Politics last night, and tried to spin, deflect, and otherwise obfuscate the topic at hand. And praise be, Rosemary Barton was having none of it, repeatedly calling Alexander on his evasions and when he tried to blame the show for not tackling the subject before then, well, she let him have it. And thank the gods, because it’s about time we see the hosts get tough with MPs rather than pussyfoot around them in the hopes that tough questions don’t offend them into boycotts. (BuzzFeed offers a recap here). I’ve argued before that Barton not only deserves to be the permanent host of the show once the election is over, but given her performance last night, I think she deserves a gods damned Canadian Screen Award.

The full segment:

I’ll also say that the whole affair reminded me of this (faux) Jeremy Paxman interview from The Thick of It, and it fills me with hope that Barton is becoming Canada’s Paxman.

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Roundup: A moratorium courting constitutional crisis

Without going too deeply into this (something I’ll save for later), Stephen Harper decided that his best way to “differentiate” himself on the Senate was to flout the constitution, and declare a moratorium on any future appointments. There are already 22 vacancies in the Chamber – a full fifth of its complement, and more than any in history. It’s unconscionable, because there are supposed to be 105 senators, and not a maximum of. It’s a complete abrogation of the compromises made by the Fathers of Confederation, and furthermore, it’s also flouting the decision of the Supreme Court who said explicitly that the Senate has a role with sober second thought. That role is already being compromised because they’re having trouble filling committee seats, and this is a very serious problem. On the one hand, this official declaration of a moratorium is a gift to Vancouver lawyer Aniz Alani, who has launched a challenge in Federal Court to get a declaration that the Prime Minister is obligated to make appointments as they happen. It’s also courting problems with federal-provincial relations for a couple of reasons – one is that Harper is now attempting to do through the back door what he won’t do from the front door (again), and he’s using a childish tactic of throwing this problem into the laps of the premiers to come up with some kind of solution without him. It also highlights that there is again a choice for voters in the election – you can vote to keep in a party whose leader flouts the constitution and the Supreme Court; one who promises to do the very same while chasing the pipe dream of Senate abolition; and one who has promised concrete and constitutional measures to reform the appointment process in the same way that Harper did with vice-regal appointments. Oh, and in case you were wondering, if the courts declare that a Prime Minister has a constitutional obligation to make appointments as they happen – and that’s pretty much guaranteed – and the PM still refuses to, we’re into constitutional crisis territory where the Governor General will have the very real need to dismiss said PM. This is what we’re courting here. It’s not a trivial matter.

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Roundup: Who’s a racist?

In the fading lights of the 41st Parliament, the Liberals have been trying to get back to the process of painting the government like a bunch of intolerant rednecks, first with Judy Sgro’s question on Wednesday tying in the rise in hate crime statistics against Muslims to government rhetoric (for which the Conservatives got right offended), and then again yesterday when John McCallum tied in that issue to statements that Chris Alexander had made about people with their faces covered taking the citizenship oath and talk of terrorists. But when McCallum hammered Alexander on his comments – and clearly they were complete non sequiturs – Alexander responded by reaching into history and invoking Mackenzie King’s more racists immigration policies and called the Liberals the Racist Party. No, seriously. And when asked for clarification in a walking scrum after QP, Alexander insisted his party was blameless for policies before then, and accused said journalists of being partisans. (Remember when Chris Alexander was the talented golden child who was supposed to be so smart? Yeah, not so much). Paul Wells, upon hearing this, took to the blog machine and completely schooled Alexander on how wrong he really is, because it was totally off base. That said, this kind of cheap points-scoring just highlights the way things are starting to go off the rails, and I think it’s fair that the fixed election date is certainly responsible for part of this. Normally I’d be all in favour of MPs sticking around to pass a couple of more bills before they head off for the summer, but by this point the Commons has thoroughly proven itself to be incapable of being grown-ups any longer. Time to send them home.

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Roundup: Laying out their C-51 positions

Not that it was any surprise what they were, but the opposition parties laid out their explicit positions on the new anti-terror bill in advance of the start of debate yesterday – the NDP firmly opposed, the Liberals walking the line by listing the things they support in the bill and the things they don’t, and vowing to make it an election issue if the Conservatives don’t make the necessary amendments. But while it’s certainly within the right of the NDP, as official opposition, to call for the bill’s defeat, if you scratch beneath the surface a little, much of their messaging on it is a mess. At his press conference yesterday, Mulcair was simultaneously saying that they want the bill defeated writ large and voted down at second reading (agreement in principle), while saying that it needs more debate and amendments at committee, and then reiterating that it’s beyond saving, that there were no amendments that could make them live with it. From a procedural standpoint, that’s all over the map. And then there’s the conspiracy theory aspect, where Mulcair is going on about how a government could use CSIS to spy on their political adversaries under these broad definitions, and then to the Francophone media, he goes full-bore on re-fighting 1970, and it’s all October Crisis and the War Measures Act. That, of course, has to do with his Quebec voter base, which is polling its support for stronger anti-terror measures, discomfited by the terror-inspired hit-and-run last October, and probably the Charter of Values xenophobia around Muslims that is still an undercurrent. Suffice to say, the scattershot of arguments against make it hard to follow the plot. For her part, Elizabeth May is going full-on conspiracy theory, insisting the bill will turn CSIS into a “secret police” – err, except that they have no arrest powers, and then tried to say that such a bill would basically turn Rosa Parks into a terrorist in CSIS’ eyes. I’m not sure that’s helpful. Terry Glavin makes the point that while there are alarming things in the bill, hysteria doesn’t really help the debate. As for Peter MacKay, whose use of “cultural” causes with relation to the not-really-would-be-terror-attack in Halifax, when asked what he thought the definition of terrorism was, MacKay told reporters to “look it up.” He’s all class.

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Roundup: Chris Alexander’s niqab nonsense

In a mind-boggling moment of specious logic and dog-whistle politics as its worst, Immigration Minister Chris Alexander asserted that people who defend women wearing the niqab are inherently defending violence against women. No, seriously. I’m not even sure where to begin, from the patriarchal assertions that deny women agency to make their own choices about what they wear, to the completely false moral equivalence between the two, all while trying to score political points on the xenophobic attitudes of a portion of the population that feels uncomfortable by the Other that confronts them (or as in the case of the vast majority of the country, something that doesn’t actually confront them but they’ve seen on television and are weirded out by). More than anything, it’s exceedingly odd that this is a government that likes to get up on any high horse it finds and trumpets the fact that it champions freedom of religion around the globe. Look, we even created a special ambassador for the post, and pretty much overturned the doctrine that there shouldn’t be a hierarchy of rights, and yet here we are privileging religion above other rights in our foreign policy. And yet, the moment these women choose to demonstrate their religious observance by wearing the niqab, this government freaks out and says no, that’s terribly, you can’t do it at these times and places. And yes, I know that the niqab is really more of a cultural observance than a religious one, but many of these women believe it to be religious, so unless we want to go full colonial on them, perhaps the government – and Alexander in particular – needs to rethink the logic of their position before they make any more boneheaded pronouncements.

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Roundup: Refusing to appoint senators

Stephen Harper says that he’s in no rush to appoint senators because legislation is still getting passed, so no big deal, right? The question arose because the new Senate Speaker, Pierre-Claude Nolin, remarked that there are concerns about regional representation becoming unbalanced, and I’ve heard from other Conservative senators who are not-so-quietly complaining that they are being overloaded with committee work because they’re having to sit on several committees given that we’re soon to be at seventeen vacancies – almost one-fifth of the Chamber. It’s a significant figure, and the added danger is that a Prime Minister – either Harper, or a new one post-2015 – would appoint a big number at once, stressing a system that is designed to absorb two or three new ones at a time. It also demonstrates a kind of contempt that Harper is showing toward the system and the specific role that the Senate plays within it, preferring instead to treat it as a rubber stamp that he is ramming legislation through. Nolin pointed to several passages from the Supreme Court’s reference decision during his presentation, and noted one of the roles of the Senate is to provide reflection to legislation that passed the Commons in haste. In this era of time allocation, that would seem to be more needed than ever – and yet, the government’s senators are doing their own best to rush things through, which Nolin quite blatantly called out today, saying that he aims to remind all Senators of their obligations as laid out in that decision. Nolin also said that he thinks the worst of the Senate’s spending woes are behind it, as we wait for the AG’s report next spring, and offered his own take on what happened on October 22nd.

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