Roundup: Accountability that never was

It feels like a while since I’ve had to go to bat for the existence of the Senate, so Robyn Urback’s column in the National Post yesterday was pretty much the bat-signal shining in the sky. To wit, Urback somewhat lazily trades on the established tropes of the Senate, and takes what was a joke on the part of Senator Nancy Ruth about airplane food (cold camembert and broken crackers was a joke, people! Senators are allowed to have a dry sense of humour, last I checked) to clutch her pearls about how terribly elitist and entitled our senators allegedly are (when really, the vast majority are very much not).

Urback’s big complaint however is that despite Justin Trudeau’s promises of change to the institution, giving it more independence is apparently all a sham. There are a few problems with this hypothesis, however, and most can pretty much be chalked up to the run-of-the-mill ignorance of the institution, its history, and its proper function in our parliamentary system. Her complaints that the rules that allowed Senator Mike Duffy to claim all of those expenses is wrong, because rules have tightened since, and the fact that he can still claim for his Ottawa residence is the reality that comes with what we are asking of Senators. The problem with Duffy is that he never should have been appointed as a senator for PEI, and he was shameless enough to claim the expenses for his Ottawa residence without actually making a legitimate point of having an actual full-time residence on the island and a small condo or apartment in Ottawa for when the Senate was in session. Complaints that the Senate Liberals are simply declared to be independents while still remaining partisans ignores the substance of how they have behaved in the time since Trudeau made the declaration, and the fact that they have been kicking the government just as hard, if not harder, than the Conservatives in the Senate since Trudeau came to power. This is not an insignificant thing. But then there is Urback’s ultimate complaint, revolving around a canard about who senators are accountable to.

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The Senate was never made to be accountable to parties or party leaders. The whole point of the institution, and the very reason it was constructed with the institutional independence that it has (non-renewable appointments to age 75 with extremely difficult conditions for removal) is so that the Senate can act on a check for a prime minister with a majority government, and they have numerous times since confederation. It needs to have the ability to tell truth to power without fear of reprisal, and that includes the power to kill bad bills – because they do get through the Commons more often than you’d like to think. They have never been accountable to a party or leader, and that’s a good thing. Sure, they can act in lockstep with a party out of sentimentality (or ignorance, if you look at the batches appointed post-2008), but this was never a formal check on their powers, nor should it be. If Urback or anyone else can tell me how you get an effective check on a majority prime minister any other way, I’m all ears, but the chamber has a purpose in the way it was constructed. Getting the vapours over a more formal independence is ignorant of the 149 years of history of the chamber and its operations.

Where Urback does have a point is in noting that the independent appointments board made their recommendations on the short-list without having conducted any interviews or face-to-face meetings. That is a problem that undermines the whole point of the appointment process, because it leaves the final vetting up to the PMO. One hopes that this will be corrected in the new permanent process that is being undertaken now, but there are still worrying signs about how that is being conducted. Self-nominations and people getting letters of recommendation seems like a poor way to get quality people who aren’t driven by ego and status, and we can hope that this isn’t all they’re replying on.

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QP: Doomsaying and expense obsession

Caucus day, and with Trudeau back from the UN, we had a full leadership deck today (minus Elizabeth May, who is travelling with the electoral reform committee). Rona Ambrose led off, mini-lectern on desk, doomsaying the economy and the looming catastrophes of a carbon tax and a CPP increase. Trudeau reminded her that they have lowered taxes for the middle class and noted that the previous record of not raising them on the wealthy didn’t work. Ambrose moved to the possible extradition treaty with China and that country’s human rights record. Trudeau noted that the dialogue they have established means they can raise difficult questions as well as investment opportunities, while they won’t lower the standards on extraditions. Ambrose worried about Chinese cyber-attacks, and Trudeau noted again that the dialogue allows them to raise difficult issues. Ambrose asked about the extradition treaty again in French, got the same answer, and ended her round asking about a peacekeeping missing in sub-Saharan Africa. Trudeau noted the responsibility that Canada has to the world, and said that they were considering the mission carefully in order to determine what the mission would be, but assured her they would be transparent. Thomas Mulcair was up next and demanded a vote on a peacekeeping mission. Trudeau noted this appreciation for the capacity of parliamentarians to raise issues, but didn’t deliver the necessary civics lesson about why a vote would undermine the role of the opposition. Mulcair touched on the extradition treaty with China, got the same answer that Ambrose got, and Mulcair moved onto a pair of questions about the climate targets not being more robust than those of the Conservatives. In both cases, Trudeau reminded him of their commitment to working with the provinces as they agreed to price carbon.

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Roundup: Bernier’s Bay Street catnip

Maxime Bernier gave a speech at the Economic Club of Toronto yesterday that was largely catnip for the audience there, saying that he wants to eliminate the capital gains tax, reducing corporate income taxes to 10 percent, making the accelerated capital cost allowance (ACCA) permanent, and eliminating corporate subsidies. While economics can point to the thinking behind some of Bernier’s plans (like below), others will point to the flaws in it, such as the ability to disguise salary as stock options that would no longer be taxed as capital gains, or the longer-term problems with the ACCA (like a new building being worthless for tax reasons in two years). It shouldn’t be too much of a surprise that Bernier’s ideas are largely slogans without a deep analysis of the real-world implications of them – kind of like how his plan to eliminate interprovincial trade barriers is just a gift to litigators rather than doing the hard political lifting necessary on such a file. Bernier has this kind of libertarian fanboy sense about him, that all of the problems can be solved by brandishing a copy of the constitution and shouting “freedom” will be all that’s necessary to kick-start a sluggish global economy, and that this will all be politically saleable to large swaths of the economy that have come to depend on government support in one way or another. And while yes, Bernier is indeed trying to bring some ideas to the table in this leadership contest while some of his competitors are trying to force the debate onto grounds of “values” and stoking national security fears, but it does remain true that it’s not really the point of leadership hopefuls to try and bring policy to the table that will change the direction of the party – that should be coming from the grassroots membership in a bottom-up and not a top-down process. But just remember – freedom! It’ll solve everything!

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QP: Pawns on a chessboard

While Trudeau and a good number of ministers remained at the UN General Assembly, things carried on back in Ottawa. Rona Ambrose led off, reiterating her line from yesterday about our troops not being pawns on the political chessboard of getting a UN Security Council seat. Harjit Sajjan reminded her that nothing was decided about where they would be deployed and they were still gathering information, and then patted himself on the back for how transparent they were being about it all. Ambrose asked a pair of questions about why there was a sudden change of heart on an extradition treaty with China while they still have the dealt penalty, Sajjan said that they were pushing China on that issue. Ambrose then changed topics to the planned CPP increase, and Bill Morneau said that they still planned on keeping TFSAs and that the rate would increase with the Consumer Price Index, and then they went one more round in French. Thomas Mulcair concerned trolled about the Liberals still using Stephen Harper’s GHG targets, and Jim Carr said that they were planning to increase the targets as they went along. Mulcair went another round in French, and Carr reminded him of the pan-Canadian targets being negotiated. Hélène Laverdière asked if the government would repeal the ministerial directive that allows information obtained by torture to be used. Ralph Goodale didn’t make a firm commitment, only noted that they were giving the whole national security apparatus a thorough review and that legislation on a parliamentary oversight body was before the House. Laverdière then returned to the issue of the extradition treaty with China, but got much the same response from Sajjan that he gave before.

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Roundup: Precious conformity

Conservative MP Garnett Genuis penned an analysis piece for Policy Options that tried to explain why MPs vote in lockstep, and it’s just so precious you can barely stand it. Genuis dismisses the talk of heavy-handed PMO and whips offices, and after some lengthy discussion, concludes that it’s the human nature of conformity that’s at play. His mode of analysis was the voting record on C-14, the highly contentious medical assistance in dying bill.

It’s not that Genuis doesn’t have some good – if somewhat infuriating points – in the piece, talking about how MPs are so busy with their constituency work that they just don’t have the time to sit down and study the legislation that they were elected to be considering. That one nearly made me blow a gasket, considering that constituency work isn’t actually part of an MP’s job description and its growing importance has come at the expense of their actual jobs of holding government to account. That Genuis uses it as an excuse for having MPs let the “experts” in their leaders’ offices tell them how to vote is utterly galling. I can see why they would use this excuse, but that doesn’t mean that it’s a good one or one that we should let them get away with (but then again, almost nobody knows what an MP’s actual job description is, least of all the MPs themselves, and yes, that is a Very Big Problem. His better points, however, included that sometimes it’s good for local nominations to see that an MP will be willing to break ranks from time to time, but it’s a mixed bag when they also need to be seen to have a united front with the party. It is a tension that he doesn’t delve deeply enough into.

But so much of his thinking is flawed, in part because he relies on the data of votes on a single contentious bill rather than a broader sample, which would produce a more thoughtful discussion, and also because he ignores the other incentives for why MPs will vote in lock-step. For some parties, like the NDP, the need for solidarity in all things means a much more conformist voting pattern in all things, and there is an internal culture of bullying to keep MPs in line so as not to be unseemly with dissent. With government backbenchers, there is the hope that toeing the line enough will earn you a post in cabinet or as a parliamentary secretary, because the ratio of cabinet-to-backbench seats is still too low in Canada to encourage a culture of more independent backbenchers in safer seats willing to do their job of holding government to account. There is also the pressure – which We The Media shamefully perpetuate – that you don’t want to be seen as breaking ranks lest it reflect poorly on the leader (though this seems to be a bit less so under Trudeau who has been vocal about encouraging more free votes). There is no discussion about the blackmail of a leader that can withhold their signature from an MP’s nomination papers during the next election (or whatever the mechanism is post-Reform Act, because there is no actual clarity in law there any longer). So yes, while there is a human tendency to conformity, it is informed by a whole lot of other factors that Genuis ignores, and that taints his analysis to a pretty fatal degree.

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Roundup: An important disavowal

Oh, hey – the author of a study on ranked ballots that relied on survey data from the last election has admitted that it wasn’t really a good study because the behaviours of voters would be different using a different ballot system. Gosh, you think? This is the same study and survey data that people have been citing in the blind panic that “OMG it will be first-past-the-post on steroids so obviously the Liberals want it!” because somehow it would give the Liberals 205 seats, based on that singular poll about second choices in the last election. It ignores that the selling feature of a ranked ballot – other than ensuring that a winner will always have more than 50 percent of the vote (no matter that you need to keep redistributing votes until you reach it) is that it eliminates the need for strategic voting, and in Australia it has given the Green and other minor parties a few seats of their own in the House of Representatives, plus allowed their National Party to remain independent of the Liberal (read: conservative) Party. Considering that they have largely relied on coalitions in the last few parliaments has shown that it’s not just geared toward majoritarianism, the way that people have been freaking out about in Canada. That said, why this particular study was allowed to stand considering its obvious design flaw is a bit galling, and this walking back from the results should have come much sooner rather than this committee hearing after months and months of false and misleading media stories proclaiming that ranked ballots would exacerbate the “distortions” of the current system, which have poisoned the well when it comes to having a reasoned discussion on the various systems that are out there. (Note: Those distortions are not real but a result of misreading the results based on a logical fallacy. Also note that I am not actually a proponent of ranked ballots, merely of proper and informed debate on electoral reform, which we have not been getting).

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Roundup: The price of everything and the value of nothing

We’re into that part of summer where the news is so thin that we’ve turned to cheap outrage to get to some headlines. Combing through expense reports, many a reporter is simply putting a big number up on a headline and clutching their pearls about it, never mind that there’s no context around those figures, and that in most cases they’re actually reasonable. And lo, we look small town cheap, like backwater rubes as we continue to insist that our politicians subsist on stale bread and shaving water lest they look like they’re too good for the rest of us.

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What is possibly worse is the fact that there is constant apology rather than defending any of the spending. Was the cost of Jane Philpott’s car service unreasonable? That’s debatable, and I’m dubious that the fact that the owner of the service was a campaign volunteer will gain much traction with the Ethics Commissioner. Catherine McKenna at least defended the use of a photographer at COP21 (and no, it’s not the media’s job to take photos that the government can later use for their own promotional need), but instead of media questioning the return that they got for them (Jen Gerson noted on Power & Politics that the quality of the photos she’d seen were questionable and the photographer hired had credentials that may not have been suitable for the task), we just get performed outrage at the dollar value.

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In this he’s exactly right – this is made worse by politicians essentially cannibalizing one another to score points rather than saying “Whoa there, let’s stop and think about this for a minute. Maybe these are reasonable expenses.” No. Instead it’s this game of tit-for-tat, Conservatives getting back at the Liberals for pointing out their own spending excesses when they were in government, and the NDP simply being sanctimonious and smug. The Globe and Mail’s editorial on the subject is right – we are spending too much time on the nickel-and-diming and the cheap theatre of performed outrage rather than on the actual scrutiny of government spending, and this may be related to the absolute dysfunction of the Estimates process in parliament (noting that parliamentarians themselves let it get this bad rather than push back on successive governments that caused this problem, and performing cheap outrage is easier). On the other hand, we’ve reached the point where we are living out that Oscar Wilde quote about a cynic being “A man who knows the price of everything and the value of nothing.” Reporters rushing to put up that headline number with no context attached have done the system a disservice. Insisting that everyone post receipts will only make things worse, and will only hasten the race to the bottom where MPs will be fighting for re-election on the backs of what brand of toilet paper they bought for the constituency office and whether it was on sale that week or not. We need to draw a line somewhere, before we both paralyze the discourse and make politics so unattractive to anyone who wants to serve the public that they won’t bother. We’re our own worst enemies, and we help nobody in feeding this populist noise.

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Roundup: Referendum lies and demagoguery

So, the electoral reform committee was back again yesterday, and they heard from two academics – one was an avid proponent of proportional representation that Elizabeth May fangirled over so hard, while the other was a former Quebec MNA who spearheaded that province’s failed attempt at moving to a multi-member PR system. There wasn’t much takeaway from either, other than Arend Lijphart (the former of the two) was a big fan of multi-member ridings in Canada (because apparently the problem of enormous rural ridings escapes him), and the fact that he felt that we should avoid a referendum because like Brexit, it would fall victim to demagoguery and “outright lies.”

To which I immediately have to ask – whose lies? The proponents of the status quo, or those of the advocates of PR? Because having seen both in the state of the debate so far, they’re equally odious. How about the lies that majority governments formed under our system are “illegitimate?” Because Lijphart was peddling that one. Or the lies about “38 percent of the vote gets 100 percent of the power”? Because a) the popular vote figure doesn’t actually exist (it’s a logical fallacy based on a misreading of our elections as a single event when they’re 338 separate but simultaneous events), and b) even in proportional systems, parties don’t get a share of power equal to their share of the vote, particularly if they are not part of the governing coalition and even if they are, the “share” of power will not be equal to their vote share. How about the lies about how voter turnout will suddenly blossom under PR? Because research has demonstrated that the most increase we might see is maybe three percent (because declining turnout in Western democracies is a widespread problem that has nothing to do with the electoral systems but rather a great many other factors). How about the common lies of PR advocates that votes are “wasted” and that they don’t count if the person they voted for doesn’t win, and that they system is so unfair? Are those lies any better than the ones about how a PR system would turn us into Israel or Italy and we would have nothing but unstable governments, and the sun would become black as sackcloth of hair, and the moon become as blood? Or are the lies that PR advocates tell okay because they’re well intentioned and lies about a future full of rainbows, gumdrops and unicorns better than lies about doom and destruction? Is pro-PR demagoguery morally superior to the demagoguery of status-quo doomsayers? That’s what I’d like to know.

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Roundup: Counter-radicalism and reality checks

In the wake of the Aaron Driver near-miss last week, public safety minister Ralph Goodale is set to announce that the government is moving ahead with a counter-radicalization programme, but it looks like the details are still a little ways out. That said, Goodale has been pretty frank that our current counter-radicalisation programmes have little coherence and that’s what he aims to fix over the course of this year. And while we get the musings about what kind of leader Trudeau will be in the face of terrorism, we get his former foreign policy advisor Roland Paris reminding us of what he has done to date (which is not nothing, as his critics have stated). More importantly, however, we need to remind ourselves of the reality of the situation, and for that, I would turn your attention to Stephanie Carvin’s piece in this weekend’s Globe and Mail, which explains why counter-terrorism and counter-radicalism is not as easy as you might think, and provides a good reality check for the kinds of rhetoric out there, and why saying things like “connecting the dots” isn’t actually helpful to any kind of conversation around the subject.

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QP: In other news…

It was very nearly a full house for QP, including all of the leaders. Rona Ambrose led off, mini-lectern on neighbouring desk, once again demanding an electoral reform referendum. Trudeau said that he did trust Canadians to discuss complex and nuanced issues, which was why he wanted an open consultative process. Ambrose switched to French to lament the current government’s understanding of the military and his choice in the Super Hornets. Trudeau in turn lamented the sorry state of the Forces left by his predecessors and their botched procurements. Ambrose asked again in English, and got the same answer. Denis Lebel was up next, decrying the lack of progress on a new softwood lumber agreement. Trudeau responded that the previous government neglected the file, focusing fruitlessly on pipelines that went nowhere. Lebel disputed Trudeau’s characterisation, but Trudeau insisted they immediately sought to restore positive relations with the Americans to better deal with these irritants. Thomas Mulcair was up for the NDP, and listed off the opposition to C-14, and Trudeau called the bill an “important step” but that it struck a balance with the protection of the vulnerable. Mulcair insisted it was as false choice, and accused the government of behaving exactly like their predecessors. Trudeau begged to differ, noting the Conservatives ignored the issue, and he praised the work to date. Mulcair demanded that the government at least take amendments from the Senate, and Trudeau said that he looked forward to what the “newly independent and less partisan” Senate would bring forward. Mulcair accused the bill of going against the Charter, and Trudeau reiterate the balance being struck.

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