Roundup: “Prominent” Canadians demand unicorns

Yesterday, the “Every Voter Counts Alliance,” which is a proportional representation umbrella group that includes our friends at Fair Vote Canada got a group of “prominent Canadians” to call on the government to implement a “made-in-Canada” PR system. And while most of these “prominent Canadians” are the usual suspects, they got a few added names including a former Chief Electoral Officer (whom I will note has tried promoting a “rural-urban proportional system” that the Supreme Court would immediately frown upon). Meanwhile, here are a few reminders about just what a “made-in-Canada” PR system is referring to.

Handwavey. Nonsense.

The reason why people like these keep going back to his notion that there’s a “made-in-Canada” system that we can somehow devise that will somehow manage to overcome the constitutional obstacles and at the same time providing their precious proportionality and will somehow deliver all of the supposed goodness that comes along with it despite the fact that we’re a vast country with a sparse population and fairly entrenched regional divisions, is because they don’t actually know how it will look. They just expect someone to figure it out and then present it to them, and it will be so wonderful that there will be no unintended consequences, we won’t wind up with thirty splinter parties, that it won’t give rise to far-right parties like pretty much every other PR system has, that it will lead to stable coalition governments that won’t have big policy “swings” every few years, and there will be no problems. No actual trade-offs. Just a new golden age of democracy.

But if they’re trying to pin their hopes on the Electoral Reform committee and its work, well, I wouldn’t hold my breath. As I’ve discussed elsewhere about why it’s a bad idea from a governance and accountability point of view, and as Kady O’Malley reminds us that the committee never actually came to any kind of consensus, and as I will remind you yet again, their report was a steaming pile of hot garbage. It’s not going to happen. What they’re asking for is magic. Unicorns and gumdrops, and not reality.

It’s time to let the demands for proportionality go. They won’t actually improve governance or representation, because it’s built solely on the emotional response of sore-loserism. We have a system that functions (and would function even better if we undid the “reforms” that were supposed to improve things but only made them worse). Trying to break it even further to satisfy this emotional need for perceived “fairness” which is not actually a Thing is only going to do just that – break it. Time to grow up and actually learn how the system works.

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Roundup: Private islands and tall poppies

Another day, another excuse found for the Twitter-verse to light their hair on fire over something Justin Trudeau did. In this case, it was the fact that it was disclosed that he spent his holidays in the Bahamas at the private island of the Aga Khan, citing that he is a long-time personal family friend and yes, he repaid the costs of flying the Challenger to Nassau. And boom, they were off. The fact that successive governments have funded initiatives from the Aga Khan Foundation is suddenly “proof” that this is some kind of conflict of interest, and of course at least one Conservative leadership candidate is citing this as some kind of proof of broken rules and violated ethics, other Conservatives going one step further to crying that this is some kind of slap in the face to all of those out of work Albertans.

Are you serious?

While you have some columnists like Chris Selley going “See! See! This is why we need to know where the PM goes on holiday!” I’m still not seeing where the actual conflict of interest is here. The Aga Khan does not get money from the government – his Foundation does, and that’s not the same thing. Assuming he were to lobby Trudeau while he was there, what would the result be? Some more money for a maternal and child health programme? Some more school books for Syrian refugee children? Wait, let me clutch my pearls over that. The only thing that did pique my curiosity in the slightest was that this was not run by the Ethics Commissioner, as seems to be the thing to do these days, but again, not actually seeing where there’s a real conflict here.

Part of what I suspect is at work here, particularly around comments like Rempel’s, is the reflexive pettiness that Canadian journalism stokes around any kind of conscious display of wealth or privilege by our political class. Yes, Trudeau has a foot in the world of the global jet set, owing in part to his upbringing and father’s international celebrity (which he has since adopted), and it’s been a long time since we’ve had a PM like that. The last guy was so hell-bent on curating this image of being a boring minivan-driving hockey dad (despite the fact that he never drove a minivan, always worked a job that was either in politics or political advocacy and as far as I can tell, his kids never actually played hockey), and was part of a political crew who thought that doing more than serving Ritz crackers and ginger ale for a diplomatic reception was some kind of affront, that it’s seeped into our political discourse to ill effect. Couple that with this ethos in the journalism community that has tried to preserve this somewhat faux blue-collar anti-elitist aesthetic that they jump to participating in this kind of tearing down, pretty much proving the rule of tall poppy syndrome that exists in this country, and add in a dose of the lazy drive to push cheap outrage stories, and we get more of this tiresome concern trolling. Once again, the details of this story are fairly academic, but I’m not seeing either the smoke or the fire. Except for where they’ve set their own hair ablaze yet again, of course.

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Roundup: Dragging in the GG

The performative outrage against Trudeau’s Castro comments reached a new low yesterday with the announcement that the Governor General would be attending the commemoration in Havana as the Canadian representative. Despite not being a leadership candidate (thus far), Conservative MP Michelle Rempel took to Twitter to perform some more outrage, and dropped these particular gems.

It wasn’t so much that my head exploded. More like a piece of my soul died in utter exasperation because I know for a fact that she knows better. Misrepresenting the role of the Governor General is a particularly terrible thing to do, particularly giving the impression that you can write to him (or worse, the Queen) and he’ll somehow override the Prime Minister and the government of the day for your own partisan benefit. No, it doesn’t work that way, and its antithetical to the entire foundation of our system of government. And giving your follows completely the wrong impression about how Responsible Government works for the sake of some temporary passing performative outrage for the issue of the day is particularly heinous because it poisons the well. And this is what trying to stir up populist outrage does – it poisons the well for all of politics, particularly when you misrepresent things for temporary advantage. I get that there is political theatre, and that in the age of social media you need to be performative to a degree, but for the love of all the gods on Olympus stop undermining the whole system. When you stir up this hornet’s nest, it will come and bite you just as much as it does the government of the day, and we will all be left with a giant mess like we’re seeing south of the border. This is not something we want to import or emulate, no matter how many points you think it will win you temporarily. Only madness lies along this path, and the damage is insidious and incalculable, particularly when it comes from people who actually know better. It’s not a game. Stop treating it like it is.

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Roundup: Senate theatre a distraction

In the event that you haven’t been paying attention to the Senate this past week, some Conservative senators took it upon themselves to amend the government’s legislation regarding their much-vaunted “middle-class tax cut,” and changes the various tax brackets therein to deliver bigger savings to some, less to others, and supposedly closes the $1.7 billion gap that kept the Liberal bill from being “revenue neutral.” It’s an unusual move, and one that may be beyond the Senate’s powers given that the Senate is not allowed to initiate money bills, and this might qualify as treading up on that restriction, though they claim an early twentieth-century precedent that would allow it. While this is interesting in and of itself, what it demonstrates is the way in which the Conservatives are using this manoeuvre to try and take one last partisan kick at the can to try and “prove” the worth of organised opposition in the Upper Chamber as “government representative” Senator Peter Harder is manoeuvring to try and eliminate the official opposition designation in order to do away with parties in their entirely in the Upper Chamber.

While John Ivison rightly calls this a bit of convoluted political theatre, what the calculation the Conservatives in the Senate are likely going for is for those amendments to be defeated in the Senate as a whole (as all amendments get reported back from the committee in the form of a report that the full Senate then votes to either adopt or not in the aptly-named Report Stage vote) with the strength of the new independent senators. At this point, they can go “Aha! See! I told you these new ‘independent’ senators were all just Liberal stooges!” and pat themselves on the back for being oh, so clever. Unfortunately, while there is a lot of merit in the pushback against Harder and company’s attempts to eliminate the role of parties in the Senate as part of modernisation, the Conservatives insist on shooting themselves in the foot and undermining their own efforts by trying to prove that the new independent appointments are all closet Liberals. Instead, they should work with the Senate Liberals to expose Harder’s ambitions and efforts to build a personal power base out of the independents, and maybe they’d catch the attention of the rest of my journalist colleagues, who dismiss this as partisan antics and turf protection while they continue to dwell on the non-issue of committee assignments (that can’t be reconstituted until a prorogation happens anyway). This petty theatre is distracting from the actual issues and dangers of undermining the role of the Senate, and proves that the Conservatives haven’t learned enough lessons from the last election.

Meanwhile, the trans rights bill is headed to the Senate, and all eyes are turning to see what kinds of shenanigans that Conservative Senator Don Plett will get up to in order to slow or hamper the bill’s progress. Of course, because it’s now a government bill and not a private members’ bill, his avenues for obstruction are much diminished, and the political climate has changed meaning that he won’t likely find too many allies to back him up, and Harder will have tools to shut down any obstructing tactics if they carry on too long, so I doubt it will be much of an issue, but it’s another last kick at a can that won’t get too much more traction.

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Roundup: Suck it up and fix 24 Sussex

Since this is apparently my week for being cranky about stuff, I’ll turn my ire today on the various naysayers regarding renovations to 24 Sussex. And I’m going to say off the bat that they need to basically shut it and just fork out the money because guess what, we have obligations in this country to both official residences and heritage buildings, and we have to stop being so petty about it. What becomes clear in the more detailed breakdown of the options available that was posted in The Huffington Post was that a lot of these additional costs are not about the building, but rather they are about security. That’s part of why I find the demands that they have a residence that will be open to tourists to be boggling, because I’m not sure what purpose that serves. Of the other official residences, only Rideau Hall and the Citadel are partially open to the public, and even then in fairly controlled circumstances, and those are also working residences – something that 24 Sussex, Stornoway, the Farm and Harrington Lake are not. And why 24 Sussex should have the capacity for state dinners is also a bit baffling because the PM doesn’t host state dinners – the Governor General does. That’s his job as representative of our head of state (being the Queen). Can some official dinners be held at 24 Sussex? Sure. But not state dinners. I also find the fact that they’re even exploring the possibility of turning 24 Sussex into a working residence to be boggling, right up to including a $562 million option of abandoning 24 Sussex in favour of taking over the National Research Council’s headquarters at 100 Sussex and turning that into a Canadian White House with PMO offices on top of an official residence. Baffling, really.

So while the calls to bulldoze 24 Sussex return in force thanks to performative cheap outrage, and we clutch our pearls at the ongoing maintenance costs of the building being vacant while the property itself doesn’t increase in value, I say we stop trying to turn this into a tourist trap or working residence, which means not building an annex over the pool house to turn it into an apartment so the main house becomes something they don’t live in, and instead just focus on renovating the house itself and keeping it strictly as an official residence. And no, we can’t just bulldoze it because it is an important heritage property, and would still be even if it didn’t house prime ministers, but it does, so now we are obligated to deal with it the right way. In fact, I say we restore its façade to its original, pre-1950s features to better respect its heritage and history. Add to that, we should not only better empower the NCC to protect our official residences and heritage properties so as to let successive prime ministers (and opposition leaders and Speakers) know that it’s not up to their discretion when renovations need to be done to these properties, but we should also empower them to go after the previous inhabitants for negligence in allowing the property to decay this much. Maybe that will send a message.

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Roundup: Crying wolf on fundraising

I’m starting to feel like a bit of history repeating again as I get cranky over yet more clutched pearls about so-called “cash for access” or “pay to play” fundraisers, which are nothing of the sort. Cabinet ministers are not soliciting stakeholders for tens of thousands of dollars of donations to meet fundraising targets. This is a government whose penchant for consultation means that there are multiple avenues of access for said stakeholders that they need not pony up to ministerial shakedowns in order to get meetings. And this latest allegation, that somehow “communist billionaires” from China got preferential access for $1500 (they didn’t pay as they can’t donate since they aren’t Canadian citizens) stretches credulity, and taking the cake is this hysteria about a donation made to the Trudeau Foundation. You know, a foundation that the Prime Minister is not a part of, and is a registered charity, which the PM sees no enrichment from in the slightest. That wealthy donors also contributed to the foundation, a statue of Trudeau’s father (again, where is the actual enrichment?) and to law school scholarship at McGill (Trudeau did not go to McGill law school) doesn’t have any particular relevance to him or government business, so even on the face of it, where is the conflict of interest? And don’t tell me that there’s a “perception” because if you actually look at the facts and not just go “Hmm, Justin Trudeau…Trudeau Foundation… Yup, sounds fishy to me,” then you’d realise that this is bunk. But no. Here we are, yet again, trying to make hay over activities that are reported, above board, and not actual conflicts of interest beyond people yelling “smell test!” and “appearance!” with no actual facts. And let me again remind you that the Chief Electoral Officer himself noted that our current donation levels are fine, and lowering them will mean money starts to move underground, which we do not want. And if you bring up the Ethics Commissioner calling these events “unsavoury,” let me also remind you that she wants all gifts to MPs registered at an extremely low threshold, meaning a massive amount of more compliance paperwork which MPs themselves have balked at, and the Lobbying Commissioner’s investigation is because people have brought this to her attention, and it doesn’t mean that she has found anything amiss. Honestly, stop lighting your hair on fire over innuendo. You’re currently crying wolf, and when any real impropriety happens, you risk it being shrugged off after any number of previous false alarms.

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Roundup: Expat voting just fine as is

Democratic institutions minister Maryam Monsef is saying that she plans to table new legislation around expat voting by the end of the year, and I’m going to come right out and say that while I know it’s not really popular to say so, I’m actually not sure that a five-year time limit for expats is so bad, because of the way that our voting system operates. To be more specific, our electoral system depends on your voting in one of 338 ridings to elect a local representative. You’ve not voting for the party banner or the party leader – you’re voting for the representative, regardless of what your particular electoral calculation is when you’re in the voting booth. And as an expat who has been out of the country – and in particular that riding – for more than five years, does it really make sense for you to continue to cast a ballot in said riding if you don’t actually live there?

And this is the part where people start shouting about their right to vote, which is all well and good, but again I go back to the central premise – how can you vote for a representative in a riding if you don’t live there, and almost certainly don’t know who is actually on the ballot? And don’t tell me that it doesn’t matter, that the majority of people vote based on the party or the leader, because it actually does matter. Our system is constructed in a way that ensures maximum accountability (and that accountability is currently wounded by the rules around party leadership selection, but that’s another story for another day), and that means accountability for the MP who was selected in that riding election for that seat (and yes, each riding is a separate election), and later in the House of Commons, when the government is responsible to the whole of the Chamber to maintain confidence to continue governing. And this is where expat voting gets complicated. How can someone who doesn’t live in the riding know what is going on, and whether the MP is doing a good job or not? Sure, a few expats maintain close enough ties, but I would venture that the vast majority don’t, and that the vast majority are looking to cast a special ballot based solely on party or leader preference, but that’s not how the system works, and yes, that’s important because democracy is process. The vote has to have a proper meaning, and that meaning is for the individual MP to fill the individual seat. This is not the United States where people ostensibly cast a direct ballot for the presidency (which again is complicated by their electoral college), but that makes a special ballot for expats a simpler affair. (They also impose taxes on expats, which Canada doesn’t). What about the voter rolls, where expats would ostensibly be listed at an address where they no longer live? How does that actually work in practical terms without creating yet more headaches for Elections Canada? Unless Maryam Monsef can thread the needle to demonstrate how expats can still vote within our current system in an effective manner which means voting for a candidate in a riding, I’m having a hard time seeing how dropping the five-year rule is either beneficial, practical, or even responsible. (And yes, I’m sure that I’m a monster for thinking so).

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Roundup: A badly needed review

The Criminal Code is a mess. The government knows it, and the judicial system knows it, but the question is whether anyone has the guts to do anything about it – particularly because it’s been a particularly easy target to do one-off laws without worrying about the broader consequences. The number of private members’ bills dealing with singular tweaks to the Criminal Code are innumerable, because it’s seen as something that individual MPs can use to take a stand on some issue or another while at the same time considering it to be something that won’t impose a cost on the government as no dedicated spending must be attached to it that would otherwise require a Royal Recommendation. (This is wrong – there are tremendous costs attached to it, but it’s a loophole in the rules that there is no appetite to plug either). And when governments want to increase sentencing to look tough on an issue, they pass new laws to “crack down,” to the point where there is no semblance of a logical sentencing grid any longer. I remember sitting in on a Senate legal and constitutional affairs committee meeting during the Harper years when they were passing another marijuana bill and the Liberal senators were expressing frustration that things were such a mess that these new pot offences were giving more jail time than some child sex offences.

The government’s recent move to repeal some archaic laws around gay sex (including an unequal age of consent) is an example of one place where the government is doing something about a “zombie law” – one that has been struck down by the courts, but remains on the books because Parliament has yet to take the time to actually repeal it. (This was another case were the Conservatives outright refused to when given the opportunity when they were raising the age of consent for hetero teens). But there are plenty of zombie laws still sitting on the books and nothing is being done about them. The CBC has a look here at some of those laws, and expert urging to deal with them – particularly given that murder trial in Edmonton where the judge accidentally handed down a verdict that was predicated on a “zombie” law and he had to go back and give a lesser verdict after the fact to correct the mistake. Clearly this is a problem, but the government isn’t promising much action beyond vague assurances that these sorts of things will be part of their broader criminal justice review – the same review that will be looking at doing away with a number of mandatory minimum sentences. But this is something that they really do need to get cracking on, not only dealing with “zombie” laws, but also sentencing reform so that there is a coherent sentencing grid once again. Part of the problem, however, is that the justice minister and her office are moving at a glacial pace. Everything they’ve been doing, from judicial appointments to moving on certain bills, is taking far longer than it reasonably should, and that’s concerning especially when this criminal justice review is so badly needed. Let’s hope we hear more about it sooner rather than later.

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Roundup: Pushing more policy to the courts

There’s this terrible idea that keeps circling, and here it comes again, which is the idea that we should enshrine environmental rights in the constitution. David Suzuki is going around trying to make this happen once again, concerned that like the coming Trumpocalypse in the States, that one bad election in Canada and any progress we’ve made on environmental laws would be set back. And while this kind of thinking – insulating environmental laws in a more robust constitutional framework – sounds good on its face, its proponents need a good smack upside the head.

Why? Because this is a democracy, and what they are trying to do is take the environment out of the role of the government, and put it in the lap of the courts. No longer should the people decide on an important area like the environment, but instead, we’ll ensure that unelected judges with no accountability are the ones who are now determining policy. Add to that, I’m not sure that the courts have the competency to do be making these kinds of policy determinations, and yes, that is an issue that this proposal doesn’t seem to talk about. It’s disturbing that Suzuki and his ilk are trying to diminish the role of democracy in favour of a more technocratic approach to government, no matter how much importance one places on environmental policy. We have a system of government which is supposed to hold the government of the day to account, and usually it’s pretty successful. It held the Conservatives to account after they abused the public trust on things like the environment file, and were duly punished for it at the ballot box, and when you look at recent elections like that in the Yukon where the environment was apparently an issue, the party that was more reluctant to take action was punished for it. You don’t need to yet again turn everything over to the courts in order to take action – just mobilize enough popular support to the cause. It can and does happen, but to simply suggest that politics has failed and the courts should handle it is the kind of thinking that makes me really, really uncomfortable because of where it leads.

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QP: The coming Trumpocalypse

With Justin Trudeau and much of the cabinet off at an investor summit in Toronto, the front bench was full of seat warmers, but there were still 17 ministers present, which is okay for a Monday. Rona Ambrose led off, warning that the new Trump era will mean a carbon tax sets Canada up for failure. Dominic LeBlanc responded, saying they were looking to transition to a low-carbon future, and that the government looked forward to working with the new administration. Ambrose warned that while the Americans are our closest allies, they’re also our biggest competitors. LeBlanc noted the COP22 conference taking place right now, and that pricing pollution was good for our economy. Ambrose wondered about the future of the Keystone XL pipeline, at which LeBlanc said that it was the company that needed to reapply for a US permit, not the Canadian government. Ambrose demanded public support for the pipeline,  but LeBlanc stuck to fairly anodyne talking points about working with the incoming administration. Ambrose then moved onto NAFTA and the uncertainty the PM created by saying he would renegotiate it. Stéphane Dion said they looked forward to working with the US administration on a number of issues, including trade. While Thomas Mulcair was present, it was actually Jenny Kwan who led off for the NDP, demanding that mothers not be punished with CPP benefits changes. Jean-Yves Duclos said that the CPP changes were important, and that he was glad to see that they had other points of view to further improve the CPP. Brigitte Sansoucy asked the same in French, got the same answer, before Tracey Ramsay asked about the TPP, softwood lumber, and NAFTA renegotiation. Dion said that they were still consulting on the TPP, and when Karine Trudel asked the same in French, she got the same answer.

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