Tag Archives: Erin O’Toole

Roundup: Cullen’s silver-tongued swindle

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It should not surprise me, but Nathan Cullen’s capacity for deceptive stunts continues to both amaze and gall me at the same time. Previously it was conning Maryam Monsef into his “proportional” electoral reform committee composition (which was not proportional, but a racket that was designed to merely look more “fair” but was in fact a calculated gambit to give the opposition a disproportionate say in the process), for which we got a report that was a steaming pile of hot garbage. With Karina Gould now in the portfolio again, Cullen now proposes that they “co-draft” an electoral reform bill.

No, seriously.

I cannot stress how bad of an idea this is for both of their sakes. For Gould, this is Cullen trying to swindle her like he did Monsef. He played her – and the public – in trying to push proportional representation and ended up recommending (along with Elizabeth May’s whole-hearted endorsement) one of the absolute worst possible electoral systems possible. And now he’s trying to ensure that she puts it into legislation for his party’s benefit. This has nothing to do with bills being drafted secretly “backrooms” (otherwise known as the Department of Justice under the cone of Cabinet confidence) or with the spirit of bipartisanship. This is about Cullen trying to manipulate the process.

If that weren’t bad enough, what is especially galling is that he’s undermining his own role as an opposition critic in the process. He is not a minister of the Crown. His role, therefore, is not to govern, but to hold those to account who do (–William Ewart Gladstone). This is an important job because parliament depends upon accountability. That’s the whole purpose behind having a parliament – to hold government to account. And it would be great if our opposition critics would actually take that job seriously rather than pretend they were ministers with their faux-bipartisanship and private members’ bills that cross the line when it comes to acceptable bounds of setting policy. It would be great if MPs actually did their jobs. Perhaps most troublesome in all of this is that Cullen is his party’s democratic reform critic. If he can’t grasp this most basic fundamental point of Responsible Government, then can we actually trust him on attempting to find a different voting system? I’m pretty sure the answer to that is no.

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Roundup: Chong’s solutions seeking problems

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While Conservative leadership hopeful Michael Chong is trying to run a campaign based on actual ideas rather than cheap slogans, it needs to be pointed out that not all of his ideas are good ones. The latest example is his plans to stop the “abuse of parliament,” taking a few gratuitous swipes at the legacy of Stephen Harper along the way. The problem is that, like his ill-fated Reform Act of 2014, Chong has a bunch of solutions in search of problems. In this case, he wants to look at the issue of prorogation.

https://twitter.com/michaelchongmp/status/818523622126026752

Did Stephen Harper abuse prorogation to avoid a confidence vote? Yes. Did he later abuse it in a much more cavalier fashion by phoning up the GG on New Year’s Eve in order to prorogue parliament for the duration of the Vancouver Olympics? Absolutely. Is changing the rules, or “establishing a new constitutional convention” the answer to what happened? Absolutely not. (Also, I’m trying to think of when Liberal governments prorogued parliament to avoid non-confidence votes or debates over scandals at the federal level, as he alleges, but I’m drawing a blank).

The problem with trying to ensure that a PM can’t shut down parliament to avoid a vote of non-confidence is that the alternatives are always worse. Chong proposes that Parliament sit an additional two days to deal with unfinished business and votes before dissolution or prorogation is granted, but this is inherently problematic. Aside from the fact that it gives no time for bills to pass with proper scrutiny, it sets up a situation where a government that has lost the confidence of the chamber has a grace period for pushing through legislation, regulation, or Orders in Council. That’s a problem. The demand that Parliament meet two weeks after a general election (rather than six to eight weeks) is also mystifying. I know that Mark Jarvis and company thought it was a swell idea in their Democratizing the Constitution book, but what problem is it solving? It’s a major logistical challenge to get 338 MPs to Ottawa in two weeks, get them offices, orientation sessions, oaths sworn, and a cabinet chosen and sworn in, not to mention the entire transition of a government and writing a Throne Speech in two weeks. The rush to test the confidence of the new chamber is a bit of a false premise considering that barring the formation of a coalition government, it’s a pro forma exercise. If the GG is genuinely concerned that the PM won’t have confidence, he or she either won’t appoint them as PM, or he or she won’t start signing Orders-in-Council or making appointments until that confidence is tested. It does absolutely nothing to rein in the power of the PMO or to hold a government more accountable. If anything, it would lead to bigger problems because as the saying goes, haste makes waste, and this is a lot of unnecessary haste.

If you want something that will have a more meaningful impact on the practice of prorogation, then restore the tradition of a prorogation speech, which forces a government to justify why it’s doing so in a public manner and to explain their accomplishments rather than just being able to phone up the GG when Parliament isn’t sitting. (More on this in my forthcoming book). It will have a greater impact than anything that Chong suggests with this plan.

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Roundup: Not a looming crisis

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Everyone spent yesterday lighting their hair on fire based on this “buried” government report that was full of scary numbers, like growing deficits going out to 2050 that reached the $1 trillion mark, and wasn’t this just the sign of how reckless Liberal spending was, and so on. The headline in fact read “looming fiscal crisis.” The Conservatives in particular tried to push some rather questionable narratives about how much better fiscal managers they were, complete with a little chart that was a work of fiction that Dame Barbara Cartland would be proud of.

Of course, it’s all complete and utter twaddle. For one, the report points to the fact that the debt-to-GDP ratio continues to decline, which means that the economy is growing and the deficit is not proportionally. That is a big deal. And if you believe that the Conservatives would have a trillion-dollar surplus in the same amount of time, give your head a shake because they not only built their “balanced” budget on a foundation of sand in 2015, but they continued to insist that they would cut taxes rather than let surpluses accumulate (and hey, remember how their desire to cut the GST in a hurry left them with a deficit before the 2008 financial crisis even hit? Yeah. Prudent fiscal management there, what with the desire to put populism before good economics). Not to mention, as Andrew Coyne points out, the whole exercise was just that – a paper exercise based on a number of projections on a spreadsheet, not an actual economic forecast, which you wouldn’t actually do for 40 year timelines because that’s literally crazy-talk.

The question becomes, however, does this become a narrative that hangs around the Liberals’ necks like an albatross? They’re already using it as showing why they’re taking a harder line against the provinces demands for increased healthcare spending, and about approaching new spending with caution. But it also lends credence to their project for trying to restructure the economy to kick-start growth that is otherwise sluggish. Will it work? It remains to be seen. But without trying to sound like some kind of apologist, would it kill a single journalist writing the stories around said report to mention the debt-to-GDP ratio? Provide some actual context for those numbers, rather just present the scary trillion-dollar deficit figure and brand it a looming crisis, when it very clearly is not? But that might require something other than the usual kinds of cheap outrage that our journalism tends to peddle, making us all the poorer for it.

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Roundup: For fear of Mary Dawson

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It was a day of juvenile finger-pointing as the big headline from the Globe and Mail was that the Ethics Commissioner said that she plans to speak to Justin Trudeau and Bill Blair about allegations that certain fundraisers may have breached conflict of interest laws, based entirely on innuendo from the Globe (which then gets repeated in Question Period, and that gets written up, and when the Globe adds another new piece of unproven innuendo the next morning, the cycle starts over again). Trudeau’s response? Bring it on – I’ve done nothing wrong.

So where are we? Because I’m not sure at this point. Do we insist that the PM and ministers no longer fundraise? Because that’s happening is that the party is capitalising on their “celebrity” for higher-level fundraisers, which is basic economics. They’re more in demand, so you send them to the higher-priced fundraisers. Should they be disallowed because someone would try to talk to them about their particular hobby-horses? As though they wouldn’t if they met them in the grocery store or on the street? Because I’m not sure that it’s actually lobbying activity, despite the label that has been slapped onto it by the bulk of the media and the opposition, looking to score some points on this. Does this mean that the whole of cabinet should be encased in these bubbles where nobody can talk to them? If the fear is that they get “exclusive” access, the government is quick to point out that they’ve accused of consulting too much and that there are plenty of other opportunities. If the worry is that it’s because they’re rich that they get access, again I’m not seeing the issue because you’re not buying influence for $1500. “Oh, you’re buying good feeling and they’ll think to pick up the phone and call you the next time something comes up” is the latest excuse I’ve heard, and I rolled my eyes so hard that it almost hurt. Honestly? Especially with the accusations that they’re buying the influence of “good feelings” donating to the Trudeau Foundation, which the PM severed his connections to and which provides scholarships? And if the charge is that because many of these rich business people are of Chinese descent, again, I’m not actually seeing any real issue here. They accuse one businessman of donating who had interests in canola that the Chinese government restricting and then Trudeau got it resolved. Conspiracy! Err, except that was the concern of every single gods damned canola farmer in this country so singling out one Chinese-Canadian starts to smack of veiled racist sentiment.

Once again, I’m waiting for someone to show me where there’s smoke, let alone fire. I mean, other than that sickening smell of people who’ve lit their own hair on fire over this. And I would be willing to bet that Mary Dawson is going to shrug and say “they haven’t broken any rules, but I want you to turn over more power to me” like she does all the time.

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Roundup: A new Supreme Court appointment

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The government announced their new pick for the Supreme Court of Canada, and lo and behold, it’s Justice Malcolm Rowe of the Newfoundland & Labrador Court of Appeal. It’s a little unexpected considering what they were signalling in terms of looking for more diversity on the bench, but they managed to find a bilingual justice in Newfoundland & Labrador, and they get to pat themselves on the back for making the first appointment to the top court from that province, so they’ve made history! Also, they’ve respected the constitutional convention around the regional composition of the court, and for that, the Conservatives have declared victory – because it was totally their non-binding supply day motion that forced the government’s hand! (Also, appointment panel head Kim Campbell seemed pleased that this was the choice from the short list that they submitted).

So Atlantic Canada is happy, and the government is making a big deal out of its new process including transparency by publishing the application form that Rowe submitted with his answers to a number of questions around his thoughts on significant decisions that he has been a part of, and his thoughts on the role of the judiciary in the legal system, which is unprecedented. As well, next week both the justice minister and Campbell will face a parliamentary committee to explain their choice (thus preserving the committee role of holding cabinet to account), to be followed by a Q&A session with Rowe to be led by a law professor with both MPs and Senators asking the questions. So transparency without devolving into an American-style “confirmation” process. At this rate, Rowe should be on the top court by early November, which means he’ll have missed about half of the fall session of the court (which isn’t as bad as the vacancy issue caused by the Nadon appointment where the court sat 8 in a number of cases). Of course, Rowe’s answers are already provoking some criticism, though it’s not necessarily shared by all members of the legal community. (Incidentally, you can see Carissima Mathen’s Power Play interview on the appointment here).

https://twitter.com/cmathen/status/788201168585560064

So what of the signals the government was sending that they wanted an Indigenous judge, preferably a woman? Well I do think reality did set in when they faced pressure from their Atlantic caucus and the premiers to ensure that the seat remained an Atlantic one. It may well have been them floating a trial balloon about abandoning the convention, but it may also have been a warning. There are two more seats opening up in the next few years (barring deaths or retirements), being Chief Justice Beverley McLachlin (a Western seat) and Justice Rosalie Abella (an Ontario seat), and in both of those cases, the government is saying to the legal community that there had damn well better be some more diverse, bilingual candidates ready to fill those seats when the time comes – something that was more difficult to find in Atlantic Canada owing to their demographics. We’ll see in the next few years, of course, but I think the warning has been delivered.

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Roundup: A dying brand of politics

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As tributes to Jim Prentice continue to roll in, we see one in particular from Michael Den Tandt, who says that the particular blend of civility and competence that Prentice had is becoming a fading quality in politics, not only looking south of the border to the giant tire fire that they call their presidential election, but also toward the Conservative leadership race in this country. Why is it fading? Because that kind of politics isn’t selling to the angry populist wave that seems to have captured so many imaginations, and in that race, it’s less Maxime Bernier who is capturing that angry populism (despite his claiming the “Mad Max” label by being “mad” about so many government problems) than it is by Kellie Leitch and her campaign manager, Nick Kouvalis. And case in point, Leitch officially launched her campaign on the weekend (remember, it was just an exploration beforehand), and lo, was it full of angry populist rhetoric that doesn’t make a lot of sense when you actually listen to it. Leitch continues to insist that she’s not anti-immigrant – she just goes about completely mischaracterising this country’s immigration system (you know, which the government that she was a part of had an opportunity to apparently do something about over the last decade and apparently didn’t), and pits “good” immigrants against “bad” ones – which, to be fair, is something Jason Kenney got really good at over his time as the cultural outreach guy in the Conservative party. Suffice to say, here are Justin Ling’s tweet’s from Leitch’s launch, and if it sounds like her going down the angry populist checklist, it’s because that’s what it pretty much is – which lends a little more credence to what Den Tandt was saying about Prentice’s breed of politician fading away.

https://twitter.com/Justin_Ling/status/787359199957245952

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Roundup: Laying the groundwork for deadlock

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Over the past couple of days, we’ve seen the markers being placed, and the groundwork is now being laid for the likely deadlock that will be the committee report on electoral reform. With the last of the cross-country consultations taking place this week, the parties started marking their turf this week – the NDP with their vacant report showing “overwhelming” support for proportional voting – along with demands for local representation, which means that they’re going to demand Mixed-Member Proportional, which was their intention all along. The Conservatives, meanwhile, have no position other than they demand a referendum, and yesterday they released the results of their surveys which came back “overwhelmingly” in favour of such a thing. (Never mind that both the Conservatives and the NDP had pretty much zero rigour when it comes to how they achieved those results, and the selection bias was pretty evident, they’re only interested in shock-and-awe headline results). Oh, and the Conservatives insist that they’re willing to find a consensus on a system – really! – but without a referendum, it’s no way no how.

In the middle of this, the Liberals are all going to start turning in the reports from their town hall meetings, all of which focused on “values” rather than specific systems, in the likely hopes that they too will have enough loose data that they can fudge into justifying whatever system they want – or, in the likely event of a deadlock, to justify that the current system already reflects those values (except of course for proportionality, but we all know that demand is based on a logical fallacy, and it would be great if they would actually admit that), so they can wiggle out of their commitment to reforming said system wholesale. Kady O’Malley thinks that this will really come down to the NDP deciding on whether to stick to their guns on proportionality or if they’ll put some water in their wine and accept ranked ballots, but given their completely specious rhetoric on the subject to date (“First-past-the-post on steroids!”), I think that’ll be too hard of a pill for them to swallow.

So, with any luck, this whole thing will blow up in everyone’s faces, and the government will have to swallow their pride, admit defeat, and move onto other, more important issues. One can always hope, anyway.

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Roundup: The outsider instinct

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Over in the National Post, Michael Den Tandt offers the theory that Donald Trump and his excesses have poisoned the well for other “outsider” candidates worldwide, and that his flash-over-substance style will make others take a second look. Citing the Conservative party leadership in Canada, Den Tandt supposes that this dooms a potential candidacy by Kevin O’Leary, just as Boris Johnson basically outsidered-himself out of the running to be prime minister in the UK – but I’m not sure that I buy the premise of the argument.

I think that there remains a hankering for outsider candidates despite Trump, and that that precisely because he’s poisoned the well that we’ll continue to see these kinds of players railing against the establishment. As is playing out in the Conservative leadership race here, we’ll see more candidates establish themselves as outsiders struggling against the party “elites” because that’s the narrative that has been blown wide open in recent years. (See: Kellie Leitch and Brad Trost). Den Tandt acknowledges that Tony Clement dropped out because he was unable to attract donors for being too conventional and too much an established politician, which I think is part of what blows his whole thesis out of the water. It wasn’t that Clement got in the race too soon, it’s that this notion of needing to find an “outsider” is a particularly strong influence in the zeitgeist right now, especially for conservatives who feel that the establishment has been letting them down, that it hasn’t gotten them where they need to be (witness how Harper’s incrementalism has largely been undone in a matter of months, if you don’t count the permanent fiscal chokehold that the GST cut has put into place). I think it’s why Leitch is taking the Ford Brothers/Nick Kouvalis route of yelling “gravy train,” and why Maxime Bernier is playing entirely against the rest of the party’s established policies and is getting attention for it. Everyone wants to play against the establishment and they are looking for the right way to do it. I don’t think we’ll have another Donald Trump – it would be hard to get that kind of unconstrained id and utter narcissism in a single package again – but I think there is absolutely going to be yet more people trying to find the right balance. I’m not sure it’ll be as successful in Canada as it might be in the States (particularly as our system is not really broken like theirs is), but the impulse to find that outsider is still pervasive, and it will be felt in the race here.

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Roundup: The new Senate hurdles

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Just how MPs should deal with an increasingly independent – and assertive – Senate is the question posed by former MP Bryon Wilfert and his firm partner Paul Hillier, and it’s a question that I’m really not sure that Justin Trudeau adequate considered when he embarked on this path to modernization. While they note that no longer having senators in caucus limits the closed-door opportunity to hear and debate government proposals, I will state that they overplay the concern about the ability to whip those votes. There has never been any formal power to whip senators’ votes, but they relied primarily on sentimentality or affiliation, and sometimes senators went along, and sometimes they very much didn’t. That’s one of the reasons why there remains a bit of a taint around the post-2008 Harper appointees, because most of them came in being told that they could be whipped, and they behaved as though they could – up until fracture points around the contentious bill C-377, and then they rebelled against their Senate leadership (and it’s not a coincidence that Marjory LeBreton resigned as Government Leader shortly thereafter). They also point to the very real problem that with so many new MPs, and with the Liberal senators no longer in caucus, the personal relationships between parliamentarians that would normally exist no longer do, and that does start to exacerbate the problem of driving legislation through the Senate.

Where I see their proposed solution as being problematic is the suggestion that committee chairs be the new agents to set the legislative pace and of trying to build consensus. Why I think this is a problem is that the point of committees is to hold the government to account, which is why ministers are so frequently called to appear before them. If the chair is acting as the agent of the government, rather than of the committee itself, it creates something of a conflict in their roles. As well, many of the committee chairs are from the Conservatives (not that the Senate Liberals are the same party as the government, but there is an assumption of greater sympathy despite the fact that the relationship has been pretty testy to date). Trying to co-opt those chairs into being government agents to drive consensus would seem to be antithetical to the purposes of having an opposition, and its accountability functions. It also puts those chairs in the awkward position of having stakeholder groups trying to court them in order to get their support in rounding up senators to support the bills – groups that would also want to come before committee to plead their cases when the bills get to said committees, which again presents a bit of a conflict. If anything, I do think this highlights the value of having caucuses for organisational purposes, and arranging these meetings – and yes, the Independent Senators Group could possibly host these same kinds of stakeholder discussions without trying to come to an internal consensus, allowing their members to make their own minds up (and to date, they have operated on a rule that anyone trying to get support does so outside of their meeting room). It will continue to take getting used to, but it will continue to take some serious thought about what roles we’re asking people to take on within the chamber in order to get bills passed.

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Roundup: Shirtless panic

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Photos of our prime minister, shirtless and on vacation, continues to make people lose their minds. A week later, and it remains an item of discussion – or derision – and feeds this particular faux cynicism about media coverage, despite the fact that it clearly is not what is topping the headlines. The fact that other countries mention it triggers our inherent Canadian desire to go “Look! Other countries are talking about us!” and we report that, and suddenly it’s “all anyone can talk about” when clearly it’s not the case. And then come the lame attacks based on it, like the latest round of Conservative ads, where they accuse the media of focusing on Shirtless!Trudeau instead of the economy.

https://twitter.com/CPC_HQ/status/762742848445943808

https://twitter.com/CPC_HQ/status/762779942627053568

The problem with that narrative is that the economic news was clearly the headline for the days in which those numbers got released, but hey, so long as we can try and keep up this narrative that the PM is a selfie-obsessed pretty boy who’s too stupid to manage the economy, the more we think it’ll do something to bolster our own numbers (never mind that being effectively leaderless is not helping the poll numbers of either opposition party).

So with that in mind, here’s Jen Gerson telling everyone to relax about Shirtless!Trudeau because it’s August, we’re all on vacation anyway, and that this isn’t just about Trudeau but about the sea change in tone that has taken place in this country over the past year, and that people need to lighten up.

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