Roundup: A new member of the Canadian Family

Zunera Ishaq, the woman who challenged the niqab ban at citizenship ceremonies, took her oath yesterday with her face veiled, and the sky did not fall. And while Muslim immigrants question their faith in Canada, Ishaq is now free to cast her ballot to exercise her rights as a Canadian citizen.

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Roundup: Boil-water promises need a grain of salt

Some First Nations issues have finally been getting some play in the past couple of days in the election, after the early reiterations of positions by the parties with regards to things like the Truth and Reconciliation Commission and the issue of missing and murdered Aboriginal women. While Trudeau and Mulcair in recent days made repeated promises around closing funding gaps with First Nations, particularly around education, Trudeau this week made a pledge around the boil-water advisories on some 93 First Nations reserves, and said that he wants those eliminated within five years (though that number could be larger as the federal list doesn’t include BC). The question that Kady O’Malley asked, quite reasonably, is how big of a hole that puts in Trudeau’s other spending promises around infrastructure spending, as previous estimates have pegged water and wastewater systems needed on 571 First Nations around $1.2 billion. What could be more concerning to Trudeau and company is this conversation that Maclean’s had with an expert in this particular field, who said that dealing with this problem in five years is unrealistic given that the reasons for the advisories on so many communities is varied and that there can’t be a simple top-down fix for the issue. It is a complex problem that involves more than one level of government, and while the promise may be laudable, it may be necessary to temper expectations (albeit, as openly and transparently as possible) while still pushing ahead on the file, fixing as many as possible in five years but noting that eliminating the problem may take longer.

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Roundup: Ramping up the moral panics

With the end finally nearing in sight with this interminable election, and the logjam still present in the polls, this nasty undercurrent of identity politics has been creeping in. What started out with the niqab ban issue has been growing, all of it with seeds laid in the last parliament. That niqab ban challenge has been inflaming passions, but when Calgary mayor Naheed Nenshi called out the xenophobia behind it, Jason Kenney retorted that the mayor “and people like him” are politicizing it. While people could take this as a racist jab, knowing Kenney it is more likely this dismissal of Nenshi as some bleeding-hearted liberal who is too politically correct for his own good. Or as Nenshi responded, “thoughtful people.” Elsewhere, Pierre Poilievre wouldn’t rule out the idea of banning face coverings in the public service period, which start to sound a lot like the PQ “Charter of Quebec Values” proposal. But it’s more than the niqab issue – it’s also this citizenship-stripping process that they’re pushing, and trying to deport people despite the fact that in at least one case, it’s involving a person who was born in Canada and has lived their whole life here – deporting him to Pakistan, where he has never lived or visited but only has a connection there though his parents – it’s a perverse and hugely unconstitutional measure. It’s also a big problem because it no longer becomes a question of dual citizenship, but rather the presumption that this person can get it with another country, so we would insist that they do and then deport them there. Not only does it not make any sense – if you really think that rehabilitation isn’t possible, why does dumping these terrorists into another country that doesn’t have our security services or monitoring regime for recent parolees, then you’re asking for them to join a terror group in that other country. To make it worse, Harper was musing openly on a radio show about extending this to other heinous crimes. But when you boil it all down, this is more security theatre – it looks like it’s keeping us safe, while it’s really just putting on a show and likely making things worse in the long run. But it’s just about looking tough, right? Damn the consequences.

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Roundup: TPP a Caretaker conundrum

The Trans-Pacific Partnership talks are taking place right now, with the possibility that a deal could be struck with Canada while we’re in a writ period. The optics of this are a bit fraught, because if the government gets the deal signed, then they can crow about their prowess on the campaign trail, and how they’re signing deals to boost our economy. But the flip side of that coin is that a really big deal may be a kind of violation of the Caretaker Conventions that govern how an incumbent government operates during a writ period. Remember that we can never be without a government even when Parliament is dissolved – they just need to exercise restraint, and can’t implement major policy changes or make appointments during that period. This time around, however, the government released the Convention guidelines publicly while adding specific exemptions about negotiating trade deals. On the one hand, there is a certain amount of sense – do we really want to hold up the eleven other countries while we are in an extra-long election period? (Note that there seems to be a desire to conclude the deal before the American election gears up to full-on insanity mode). One of the arguments is that there should at least be some kind of consultation with opposition leaders if the negotiations continue during the writ period, and there are complaints that the TPP negotiations are unprecedented in their secrecy. What is not mentioned is that secrecy is deliberate considering how game changing this pact could be, particularly when it comes to weakening some of the tough subsidized markets in several member countries. And if you look at the reactions that rumours of deals around weakening Supply Management or auto parts content rules, and promises by other party leaders to maintain those protectionist policies, it’s hard not to see why they want to keep a lid on things until they’re finalised – particularly if the goal is actual trade liberalisation rather than just lip-service. It’s a delicate balance, and arguments can be made on both sides of the propriety of the government’s negotiations under the Caretaker Conventions. For example, Susan Delacourt argues the government is going beyond the Conventions. I’m not sure I have any answers, but I guess we’ll see what gets decided, and let the chips fall where they may.

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Roundup: A baffling public service pledge

In a bid to win over the public service vote in the Ottawa region, the NDP have pledged a “code of conduct” for ministers and their staff, as well as an end to cuts to the public service, a Public Appointments Commission to end patronage appointments, a restoration of collective bargaining rights, and putting an end to contract staff. Oh, and an end to muzzling “scientists and other public service employees.” And that sends off my alarm bells because it’s a massive reorientation of the role of the public service. While the NDP thinks that they’re trying to remove the politicization around the public service that has been developing, empowering public servants to speak against the governments that they are supposed to serve is mind-boggling. The issue of just what we’re muzzling in terms of scientists was thoroughly hashed out a few months ago when Andrew Leach went against the countervailing wisdom and challenged the “white coat” privilege that these kinds of pronouncements assume, that it’s all a bunch of benevolent climate scientists who can’t speak about their work. What it ignores is that there are other kinds of scientists – like economists in the Department of Finance – for whom this is not even a consideration. Just because it’s politically convenient to think that we want these white coats to denounce the government’s environmental policies, does that mean it should be okay for government economists to denounce fiscal policy? Or government lawyers to denounce the government’s justice policies? (It’s also why their candidate, Emilie Taman was denied a leave to run – the Public Prosecution Service was created to remove the perception of political bias from Crown prosecutions, and having one of your prosecutors running for office defeats that purpose). Public Servants serve the Queen and carry out their duties in a neutral fashion. Making it easier for them to start denouncing the government is a mystifying promise. Also, the promise to bar temps is short-sighted and makes it harder for young people to get civil service jobs. Those temp jobs are often the best way to get one’s foot in the door in the public service and get some experience that can translate into a job, considering how byzantine and nigh-impossible the outside competition process is if one wasn’t lucky enough to get bridged in through a school programme. Conversely, getting new staff in a timely manner or for a specific project is also a ridiculous process for managers. Banning temps makes no actual sense.

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Roundup: Niqab politics taking over

The politics of the niqab have slowly starting taking up a lot of oxygen on the election campaign, on a number of fronts. While people over the Twitter Machine tried to skew Harper’s “old stock Canadians” remark as some kind of racist or dog whistle politics (I’m not sure that interpretation makes sense given the context of what he was saying), the government has decided to crank their petulance around the attempted niqab ban up to eleven by declaring that they will ask the courts for a stay of the Federal Court of Appeal ruling on the niqab-at-citizenship-ceremonies case, essentially to deny the woman in question the right to vote. It’s going to be tough for them to convince the courts that there is some imminent danger if they allow her to take the oath before October 19th, much less convince the Supreme Court of Canada to hear the case (and they almost certainly won’t, seeing as this is a fairly open-and-shut case of administrative law, where the minister overreached is authority to implement the ban). But while this pettiness digs in, the panic over the niqab has already begun to spread, with the Bloc launching an attack ad to warn that the NDP will mean pipelines and niqabs in Quebec, while an NDP candidate has stated that while Thomas Mulcair reopens the constitution to try and abolish the Senate (never going to happen), that he deal with the menace of niqabs at the same time. No, seriously. He added that he’s sure the party supports him on that, and as of posting time, the party has not repudiated the statement (much as they did not really repudiate it when Alexandre Boulerice made similar statements about banning niqabs earlier). Justin Trudeau, for his part, said he wouldn’t try to appeal the ban to the Supreme Court. So there’s that. Meanwhile, Tabatha Southey takes on the government’s attempted niqab ban, with her usual acid wit.

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Roundup: The dream of tax simplification

With the big economic debate coming up tomorrow, it’s with no small bit of amusement that noted economist Jack Mintz dropped a bomb in the middle of the election, and blowing open the pledges of most of the parties. In particular, Mintz says that the corporate tax rate should be lowered so as to keep those companies from shifting the burden in the form or lower wages or higher prices; raising the small business tax rate because it’s largely used by the wealthy to pay lower taxes; and eliminate a suite of investment tax credits to make the whole system simpler and fairer. In other words, doing pretty much the opposite of what the NDP has promised, and to a degree what the Conservatives have promised with their small business tax rate promises and more boutique tax credits than anyone knows what to do with. In fact, you’d be hard pressed to find an economist who thinks that boutique tax credits are a good idea – particularly as Harper promised yet another bunch, this time for single and widowed seniors, and as Kevin Milligan explained, it’s pretty useless considering that a) it’s non-refundable and a lot of those seniors already don’t pay taxes, and b) we have a number of other income supports for seniors. (Also, I think this means that Harper is officially trolling singletons and childless couples, who are now the great pariahs of tax credits). The consensus would be that it’s better to eliminate the boutique tax credits and simply lower the overall tax rate – but how would parties be seen as rewarding “deserving” Canadians of those tax credits. (Again, it would seem that singletons and childless couples are not deserving.) Harper claimed that his boutique tax credits haven’t made tax forms too complicated. That sound you hear is every accountant in the country laughing, because it’s simply not true. We need major tax reform in this country, overhauling the system from top to bottom. (Same with the Criminal Code, incidentally). Too bad nobody is going to campaign on that.

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Roundup: Constitutionally untenable declarations

One of those tangential sub-plots in the whole ClusterDuff affair reared its head in the testimony of Ben Perrin yesterday, which is the issue of the test of residency for a senator. Given that the issue had blown up during Perrin’s time in PMO, thanks to Stephen Harper’s panic appointments in 2008 where he named senators to provinces where those individuals did not currently reside but rather had originated from, they found themselves in trouble when a certain Senator Duffy was found to have been treating his long-time Ottawa home as a secondary residence that he could claim per diems with while his summer cottage in PEI was being treated as a primary residence, never mind that he rarely spent any time there, none of it in the winter. Perrin’s advice was to come up with several indicators, but that ultimately it would be up to the Senate to come up with those indicators for themselves. Stephen Harper disagreed, and said that as far as he was concerned, they were resident if they owned $4000 in real property in said province – a position Perrin found to be constitutionally and legally untenable. But the constitutionally untenable has become Harper’s stock in trade, particularly where the Senate is concerned, first with his unconstitutional reform bills, to his present policy of not making any appointments in defiance of his constitutional obligation to do so. (And no, Thomas Mulcair is no better with is own promise not to appoint any senators either). And we also know from the Duffy documents that Harper blocked an attempt by the Senate to strike a committee that would deal with the residency issue once and for all – because Harper wanted to protect those improper appointments he made. The rather sad thing is that if hadn’t made those appointments in haste, he could have ensured that they had their ducks in a row before they got appointed, to show that they had enough proof of residency to pass a smell test. He didn’t, constitution be damned – or at least be subverted on bogus “plain reading” arguments that don’t hold water the moment you think critically about them. And yet We The Media aren’t driving this point home to the voters, that the constitution does and should matter. (Aaron Wherry delves more into the residency issue here).

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Roundup: Out goes an oddly pivotal figure

In a sense, there’s a closing of a particular chapter of Canadian politics with the announcement yesterday that Peter MacKay was done with politics, and would not be running again. He’ll stay on until the election, and Harper has opted to keep him in the justice portfolio for the dying days of the 41st parliament, but MacKay has made his mind up, and is going to slowly start packing up his office. In many ways, MacKay is a central figure to the modern era of Canadian politics. His decision to begin the process of merging with the Canadian Alliance – betraying an explicit written promise not to, made to secure the leadership of the old Progressive Conservative party – formed the juggernaut by which Stephen Harper was able to form the government that is entering its tenth year in power. While many are saying that this departure marks the end of the “progressive” side of the Conservative party, it bears reminding that MacKay was not a terribly Red Tory, and that there are far more progressive voices in the caucus and cabinet than he was. Where it may have an impact is with the continued attempt by the old Reform Party wing to amend the constitution of the party to sweep away the vestiges of the old PC wing, particularly predominant in the Maritimes and parts of Ontario, and with MacKay no longer there to use his weight among the membership, that final transformation may take place in a year or two. MacKay is also being remembered not only for his political controversies, but also for his romantic misadventures, now behind him as he leaves to spend more time with his family. John Geddes looks back at MacKay’s career, while Paul Wells writes about MacKay’s role in the political merger that changed Canadian politics, and Hugh Segal writes about MacKay’s importance to Canadian politics. Not long after John Baird’s departure, MacKay was spotted meeting with Brian Mulroney in Toronto, which fuelled resignation rumours, which he denied at the time. The Halifax Chronicle Herald’s editorial cartoonist Bruce MacKinnon recalls some of his best work with MacKay’s caricatures, and Global has some archived footage of MacKay’s break-up with Belinda Stronach when she crossed the floor to the Liberals. And BuzzFeed Canada has a listicle about MacKay’s career.

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Roundup: Closure and privilege

It was wholly depressing the way in which the whole matter was rushed through. After the imposition of closure – not time allocation but actual closure – the government rammed through their motion to put all Hill security under the auspices of the RCMP without any safeguards to protect parliamentary privilege. After all, the RCMP reports to the government, and Parliament is there to hold government to account and therefore has privileges to protect that – the ability to have their own security being a part of that. Liberal MP Mauril Bélanger tried to amend the government’s motion to make it explicit that the Speakers of both chambers were the ultimate authorities, and the government said good idea – and then voted against it. And so it got pushed through, privilege be damned, with minimal debate and no committee study or expert testimony. The Senate, however, is putting up more of a fight, and the Liberals in that chamber have raised the privilege issue, and the Speaker there thinks there is merit to their concerns, and has suspended debate until he can rule on it. And this Speaker, incidentally, is far more aware of the issues of privilege and the role of Parliament and the Senate than his Commons counterpart seems to be, and he could very well rule the proposal out of order. One hopes so, and once again it seems that our hopes rest on the Senate doing its job, because the Commons isn’t doing theirs.

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