Tag Archives: Electoral Reform

Roundup: Credulous takes on the “new” Senate

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Over in the Globe and Mail, John Ibbitson has declared that Justin Trudeau’s reforms to the Senate “worked,” and that Andrew Scheer should continue to appoint independents instead of partisans, and I just. Cannot Even. Reading the piece, it’s clear that Ibbitson has no real grounding in what the Senate is supposed to do on an actual basis, the various roles it plays aside from its legislative duties, and he has absolutely no conception of the broader scope of the problem that Justin Trudeau has unleashed on future parliaments – and how he has hobbled his own party in the future, while further centralizing his own power. But Ibbitson seems to have taken the word of Leader of the Government in the Senate, Senator Peter Harder, that this is how Parliament is “supposed” to work – Harder not exactly being a credible source – as well as an emeritus professor who has been a booster not only for these reforms, but who thinks it would be great to go even further and institute a business committee (which would be an even bigger problem going forward). So no, I’m not going to take Ibbitson’s word that this has “worked.”

While I’m not going to pretend that the Senate didn’t have its problems beforehand, a good many of the problems in recent years can be traced to the fact that Stephen Harper made some spectacularly poor appointments in his rush to populate the Chamber during the prorogation crisis of 2008, after he neglected to fill its seats for long enough that what Conservative senators there were in the Chamber at the time were clamouring for more members because there weren’t enough of them to adequately spread around the workload. And rather than make thoughtful appointments, Harper panic appointed a number of partisans who had no suitability to the role, and lo, problems and scandal ensued.

There is absolutely a partisan role for senators because they’re the institutional memory of parliament, and that especially includes inside the caucus room, and that also keeps a check on the leader because they don’t have to worry about their nomination papers being signed. And the Liberals are going to find out just how necessary those roles are when they’re no longer in power and have few people with the knowledge to help them rebuild. And yes, it will happen eventually. And as for the “new” system “working,” they can’t manage the Order Paper, and they have a crisis in front of them with the election looming. But hey, Peter Harder says it’s going swimmingly, so he’s the person we should believe. Okay then.

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Roundup: A victory for the status quo

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

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

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

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

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

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

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

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Roundup: A StatsCan privacy check

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While the ongoing issue of Statistics Canada looking for financial transaction data continues, the actual privacy practices in the institution aren’t being adequately explained to Canadians – and they certainly aren’t being represented accurately by the opposition. So with that in mind, here’s professor Jennifer Robson to explain just what she has to go through in order to access data for her research at StatsCan, in order to give you a better sense about how seriously they take this kind of thing.

https://twitter.com/kevinmilligan/status/1059641954021990400

This is why the complaints that the data won’t be secure as it’s being anonymized is pretty specious, and the pearl-clutching that StatsCan would have a person’s SIN is also overblown considering that they already have it – they matched up people’s tax returns with their census forms to ensure that they had accurate data regarding household incomes, and lo, nobody made a peep about that when it happened. Again, this overblown rhetoric around what is being planned about this financial transaction data is not only risible, but it’s actively mendacious (particularly when Conservative MPs keep saying things like this is a project by the Liberal Party or by Justin Trudeau himself). And yes, StatsCan has done a woeful job as to explaining what it needs these data for, and this government is largely too inept to communicate any of that information either. And yet here we are.

Meanwhile, Andrew Coyne points out that while the Conservatives have been spending years attacking StatsCan, the real privacy threat comes from the unregulated use of personal information by political parties, not the country’s statistical agency.

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Roundup: Debating the future shape of the Commons

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In a piece for Policy Options, Jennifer Ditchburn worries that there hasn’t been enough public discussion about the forthcoming renovations to the Centre Block, and what it means for our democracy. Part of the problem is the structure by which these decisions are being taken, and much of the decision-making is being put off until after the building is closed and the workers have a better sense as to the deterioration and what needs to be done as part of the renovation and restoration, which seems problematic. That said, it’s not like there hasn’t been any debate over the whole project, lest anyone forget the weeks of cheap outrage stories over the price tag of the “crystal palace” that has been created in the courtyard of the West Block to house the House of Commons on a temporary basis.

Ditchburn goes on to lament that we haven’t had any kind of public debate over how we want the House of Commons to look, and if we want to keep the current oppositional architecture (though she later tweeted that if forced to decide, she’s probably want to keep it). I will confess to my own reluctance to open up a debate around this because it has the likelihood that it will go very stupid very quickly, if the “debate” over electoral reform is any indication. We’re already bombarded by dumb ideas about how to reform the House of Commons, with ideas like randomized seating as a way to improve decorum, but that ignores both tradition and the fact that our system is built to be oppositional for good reason, as it forces accountability, and a certain amount of policy dynamism. I’m especially leery of the coming paeans to semi-circles, and people who think that the circular designs of the Northwest Territories and Nunavut legislatures as being at all replicable in Ottawa (which they aren’t).

If I had my druthers, I’d not only keep the current oppositional format, but would get rid of the desks and put in benches like they have in Westminster, thereby shrinking the chamber and doing away with means by which MPs have for not paying attention to debate as it is, where they can spend their time catching up on correspondence or signing Christmas cards, or playing on their iPads. Best of all, it does away with the mini-lecterns, which have become a plague in our Chamber as the scripting gets worse. The reasons for why they had desks have long-since vanished into history (as in, they all have offices now), and if we want better debates, then benches will help to force them (even if it means we’ll have to learn faces instead of relying solely on the seating chart to learn MPs’ names).

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Roundup: Targeting the journalists

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It has become increasingly clear that the Conservatives plan to wage war against the media as part of their election strategy, which you’d think is funny because We The Media aren’t running in the election. The problem is that this isn’t actually about the media, but rather about undermining the foundations of the institution and the trust that people place in it. Why? Because in the wake of the growing success of populist leaders and movements, they’ve decided to abandon all shame and simply straight-up lie. Most of the media won’t call them lies, because they tend to aim for both-sides-ism “balance” that tends to look like “one side says this, the other side says that, you decide” in its construction, and Scheer and company have decided to exploit that for all it’s worth. And if you do call them on those lies, well, you’re the one who is suspect, whose motives are driven by partisanship, or because you’re looking for some kind of government job, (or my favourite, that I’m allegedly performing sexual favours for the PM).

What I find particularly rich are the Conservatives operatives behind this campaign of harassment is how they insist that they don’t rise to Trumpian levels, but you could have fooled me. They may not say “fake news,” but they intimate it at every opportunity. And if you call them out on a lie (which doesn’t happen often), then they go on the attack. It’s happened to me on numerous occasions (and usually the attacks are themselves wrapped in more lies and distortions), but then again, I’ve also decided to call a lie a lie and not couch it in both-sides-ism. As much as they insist they’re just “pointing out specific inaccuracies” or “countering criticisms,” that’s another lie, and we all have the receipts to prove it.

In the meantime, they’ll content themselves with this sense of martyrdom, that they’re just so hard done byfrom the media, that the coverage of the Liberals is “glowing” while we do nothing but attack the Conservatives (have you actually read any reporting?) and that apparently the pundits are all taking the Liberals’ sides (seriously?) and that justifies their need to “go for the jugular.” But when you’re accustomed to blaming others to assuage your hurt feelings, you think that your attacks righteous, and that’s where we are. So yeah, this is going to get worse, it’s going to get Trumpian, and they’re going to keep insisting that they would never demonise the profession, but don’t believe them. It’s in their interests to undermine journalism, and they lack any shame in doing so.

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Roundup: Kenney and Scheer vow to repeat mistakes

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There was a conference in Calgary yesterday called “Energy Relaunch,” during which both Jason Kenney and Andrew Scheer laid out plans for how they propose to get the province’s oil and gas industry “back on track” if they were to form government. The problem is that they seemed to have learned absolutely no lessons from the past few years about where the problems and bottlenecks in the process lie, and what to do about them. Their solutions tended to be to use bigger bulldozers and to gut more legislation, and Kenney more specifically included funding the legal challenges of resource-friendly First Nations communities and targeting “foreign-funded” organisations that opposed development (because it’s all one big conspiracy by the Tides Foundation, and however else makes a convenient scapegoat). But if anyone has paid any attention to the court decisions over the past number of years, especially over Northern Gateway and Trans Mountain, the theme that emerges is that they have been slapped down because successive governments have attempted to cut corners and weasel out of their obligations rather than doing the hard work of proper assessments and consultation with Indigenous communities that would get them the approval they were looking for. The current Liberal government seems to get this fact and is proceeding accordingly when it comes to Trans Mountain, while Scheer and Kenney wail and gnash their teeth about how they didn’t appeal the decision to the Supreme Court of Canada (without articulating what the error in law was), or somehow legislating away the problems (never mind that retroactive legislation will lead to more litigation, and you can’t legislate away your Section 35 duty to consult obligations).

Kenney also promised that if made premier, he would launch a “war room” to counter any critics of the oil sands in real time. The problem is that hasn’t worked to day, and won’t work going forward, but Kenney refuses to grasp that reality.

Energy economist Andrew Leach was also presenting at the event, and has some thoughts as to what he heard as well:

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Senate QP: Gould talks Senate appointments

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Following the largely repetitive QP in the Other Place, Minister of Democratic Institutions, Karina Gould, headed over to the Senate for their ministerial QP as this week’s special guest star. Senator Larry Smith led off, asking about the mention of Senate reform in her mandate letter, but the only mention on her site has been around the appointments process, and was that the extent of her involvement. Gould said that she was looking forward to being part of the Senate’s internal modernisation efforts and would be there for them if they wanted to change the Parliament of Canada Act. Smith asked her to table the names of all senate appointment candidates and committee meeting minutes, but Gould noted that she was not part of the process, and wouldn’t commit to tabling anything.

Senator Batters went into James Cudmore’s hiring by her office, and wondered if PMO directed her to hire him, and who was paying his legal fees. Gould noted that Batters was in step with her colleagues in the Other Place before she praised staffers, and noted that questions on an ongoing court case were inappropriate.

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Roundup: Secret document demands

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The saga of Vice Admiral Mark Norman’s trial is making its way to the floor of the House of Commons, as Norman’s defence team has been trying to suggest that Brison tried to play a part in delaying the Davie Shipyard contract on behalf of his friends in the Irving family. Brison, meanwhile, tried to fend off the attacks in QP by suggesting that he did his due diligence as Treasury Board president to question the sole-source contract that the previous government entered into on the eve of the election.

Where this gets even more interesting, however, is with the suggestions in the documents that Norman’s team filed, was that senior bureaucrats tried to scuttle the deal because it could interfere with the established National Shipbuilding Programme, which everyone was so enormously proud of, and from there, Norman tipped off Davie officials, which was eventually leaked to the CBC. Added to that, Norman’s team are demanding a number of documents that have been deemed to be Cabinet confidence, which creates added complications because those are secret and could demand all new levels of safeguards for the court process if they are to be turned over. Trying to make political hay out of the government turning over the documents or not could be fraught with future consequences, however, for any future government that wants to protect secret materials from a court process, and given the growing propensity for people to turn to the courts when they lose at politics, that possibility could come sooner than one might expect. Nevertheless, this is an interesting case to keep an eye on, if only to shine a light on how broken our country’s procurement processes really are.

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Roundup: Yet more dubious suggestions hosted by the GRO

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Over on the Government Representative Office website, Government Leader in the Senate – err, “government representative” Senator Peter Harder has been hosting suggestions from former senators of late on how to “reform” the Senate. Because of course he has. And not all of the suggestions are particularly helpful, or good for the Senate in the long run. The latest example is from Senator Pierre De Bané, who was a senator for thirty years and an MP before that. De Bané seems to think that what the Senate needs more than anything is the independent oversight body that the Auditor General wants instituted before voluntarily neutering its powers by passing a motion to only use a suspensive veto. Because hey, if it’s good enough for the UK…

I’ve written numerous times that the notion of an independent oversight body risks the senate’s status as a self-governing parliamentary body. I would be okay with an audit committee that includes outside members but is still made up with a majority of senators in order to ensure that it remains in Senate control because it’s important that our parliamentary bodies retain self-governing status. Otherwise we might as well turn power back over to the Queen, because we obviously have no business governing ourselves. I’m also forever baffled by the notion that we should neuter the Senate’s ability to exercise hard power and defeat a bad government bill when necessary. It’s part of their necessary duties to hold government to account, and before you say that it’s good enough for the House of Lords, the Canadian Senate is a vastly different body than the Lords, with a very different history, and the Senate was never the primary legislative body as the Lords was for centuries. These are differences that can’t be papered over.

De Bané’s other suggestion is that the Senate start creating a series of special committees tailored to senators’ special interests to…do advocacy work, apparently. I’m not opposed to senators undertaking an advocacy role on issues that are of particular interest to them, I am less keen on the proliferation of special committees because I worry that it will draw the focus away from the actual legislative responsibilities of senators – especially in an environment with independent senators who are beholden to nobody and who aren’t able to be corralled into getting work done. We’re already having problems getting bills passed in a timely manner because the leadership within the Senate refuses to do things like negotiate with one another – now imagine that these senators are otherwise engaged with busywork of their own interest rather than with the boring work of scrutinising legislation or holding government to account. I do fear that creating an environment where personalized committees can proliferate will have a detrimental effect on the Senate overall, and I’m a bit surprised that a former senator doesn’t see this possibility.

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Roundup: Carbon tax opportunism

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The latest round of carbon tax drama has the Conservatives drunk with glee, as Manitoba premier Brian Pallister’s decision to scrap his own carbon tax plans has them thinking that they now have a national momentum against carbon taxes. It’s not likely to be that simple – and they may find out that it may blow up in their faces. Pallister says he changed his mind about it after meeting with Trudeau, and found Trudeau intransigent on letting Manitoba keep their tax at a flat $25/tonne when everyone’s else was ramping up to $50/tonne, which sounds like a no-brainer – you want a consistent carbon price across the country to prevent leakage and to keep a level playing field. (Pallister also claims that their plan was so comprehensive, but in interviews would point to things like remediating mines and recycling programmes, which are not about addressing climate change, and his deliberate misinformation should be called out as such). But it also smacks of opportunism, given that small-c conservatives across the country are taking the election of Doug Ford in Ontario as some sign that there is an uprising against carbon taxes when that was very likely not the cause of his election, but rather it was the impetus for change from the province’s tired Liberal government. Overreading Ford’s “mandate,” if we’re going to use that word, is dangerous for them to do. Meanwhile, Ford was yukking it up with Saskatchewan premier Scott Moe in their insulting the federal carbon tax, each believing their mutual court challenges are going to go somewhere (they’re likely not), and Ford would say things like a carbon tax is the worst thing in the world and will do nothing for the environment – complete falsehoods, and all he has to do is look at BC to show the complete opposite.

The federal government, meanwhile, hasn’t been terribly eloquent in their response, on the one hand decrying Pallister’s “flip flop” and worrying that conservatives want pollution to be free, while also pointing out that when the federal backstop comes in, people will be getting cheques in the mail. And that’s going to be the Achilles heel of the federal Conservatives’ belief that the country is going to rise up against carbon taxes. They keep pushing the narrative that it’s a tax grab to feed the Liberals’ “out of control spending” when it’s in the enabling legislation for the carbon tax that the funds will be rebated. But the government hasn’t been eloquent – and has been barely competent – when it comes to any kind of messaging on this file, and that’s the part that will probably hurt them the most, and it’ll be a self-inflicted wound, which makes you just shake your head watching it all go down.

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