Roundup: The demise of Mulcair, part deux

Plenty of more reactions to Mulcair’s demise and the party’s direction, so let’s get to it. Matt Gurney figures that the party is once again one of protest, while Jon Kay suggests that the party has outlived its usefulness with its embrace of the Leap Manifesto, and that Canada now effectively only has to parties. Gerry Caplan recalls the party’s hey days of 20 percent voter shares, and wonders if they can ever be taken seriously electorally. Andrew Coyne tries to look at the broader cause of Mulcair’s demise, while Jen Gerson says that Rachel Notley’s party that is getting things done is the one the federal party membership really threw under the bus, not Mulcair. David Reevley says the party can’t rebuild while “Zombie Tom” is still at the helm, while Emilie Taman insists that everything’s fine, that the Leap resolution gives the party a “path forward,” which I sincerely doubt. Colby Cosh takes the more existential take of the gradual demise of meaningful political parties writ large, and that if the NDP is but a shell then so is everyone else. He also takes on the notion that the political left is also largely meaningless anymore, which is something else to consider.

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QP: Trying to trip the justice minister 

Following the surprise upset of Thomas Mulcair’s leadership yesterday, it was not difficult to see why he was absent for the first QP after the Easter break. As for the prime minister, he was also absent but we’re not quite sure why. Rona Ambrose led off, script on lectern, asking about a particular kidnapping case, for which Omar Algabra assured her that they were willing to meet at any time. Ambrose shifted to the “betrayal” of small business taxes, for which Bill Morneau insisted that their other measures would help small businesses. Ambrose wondered if Trudeau still believed that small businesses were just ways for the wealthy to shelter taxes, to which Bardish Chagger insisted that wasn’t the case at all. Denis Lebel took over in French, asking about infrastructure spending, for which Amarjeet Sohi listed the various infrastructure funds. Lebel insisted that the funds were already committed by the previous government, but Sohi noted that it wasn’t getting spent. Peter Julian led off for the NDP, asking about the minister of justice’s fundraising. Jody Wilson-Raybould assured him that she cleared the activity and there was no conflict. Julian kept up, to which Dominic LeBlanc to repeat the answer with a little more scorn poured on. Marjolaine Boutin-Sweet worried about a CRA employee going to work on the KPMG board while they were under investigation, for which Diane Lebouthillier recited the new funding for the agency to go after tax cheats. Boutin-Sweet raised the Panama Papers and asked the question again in French, and Lebouthillier noted that there were rules around those who leave the Agency.

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Roundup: To Leap or to cleave?

There are some interesting dynamics shaping up at the NDP convention in Edmonton, which is less about the current tensions over the leadership review vote that Thomas Mulcair will undergo on Sunday, but rather the fact that there appears to be a split developing between the Alberta NDP (and to some extent the New Brunswick arm of the party) and the federal party when it comes to debating the Leap Manifesto. Mulcair himself is in self-preservation mode as he talks about the Manifesto, and promises to live up to it if the membership decides on it, which seems to go back to his particular issues with authenticity because there is no sense of what he believes around it (though he once praised the policies of Margaret Thatcher, so perhaps one could extrapolate from there). Mulcair is now insisting that no, the Manifesto isn’t about shutting down the oil sands or forgoing pipelines, except it pretty much is, with the promise to decarbonise the economy by 2050 – as well as shutting down mining and other extractive industries and tearing up trade agreements under the rubric that they hurt local economies. Mulcair has retreated to the statement that the Manifesto doesn’t explicitly say to leave oil in the ground, but after musing to Peter Mansbridge that he would do everything in his power to go that route if it’s what the party decided, well, the damage has been done, as the Alberta party is distancing themselves, the province’s environment minister calling the federal party’s environmental plan a “betrayal,” and Rachel Notley took to the airwaves to tell Albertans explicitly that she is working to get a pipeline built. The Manifesto’s proponents, however, insist that this is necessary, and that a hard-left turn can win, and cite Bernie Sanders and Jeremy Corbyn – never mind that neither has actually won an election, and likely never could given the personal dislike for them among even their own respective parties. (Seriously – Corbyn had a caucus enemies list drawn up). So will a hard-left turn save the party? It all depends on what they want to do, whether they want to return to being only about principle and the “conscience of parliament,” pushing the Liberals to do the right thing, or if they want power and the compromises that come with it. We’ll have to see what the membership decides, and whether Mulcair fits that vision.

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Roundup: Fair Vote Canada’s shambolic release

It’s not everyday that you get a completely unhinged press release in your inbox, but holy cow did Fair Vote Canada come out with a doozy yesterday. It’s hard to know where to start with such a work of “shambolic genius,” as Colby Cosh put it.

You see, according to the geniuses at Fair Vote Canada, they have cleverly parsed that when Trudeau pledged to “make every vote count” (a boneheaded statement because every vote already counts), he was referring to their slogan, and therefore he must really advocate for Proportional Representation, and because Trudeau has said he has no pre-conceived ideas about what the outcome of the consultations on electoral reform would be, he must really mean that he’s just trying to figure out which proportional representation system to use, because that’s what he’s signalled by using their slogan. Genius, I tell you. Genius!

But Wait… There’s More!™

While referring to Parliament as “the law factory” (Seriously? Seriously?!), they started invoking the Charter to claim that “equal treatment and equal benefit under the law” must mean that Canadian citizens are entitled to having their votes represented in direct proportion to the votes cast. Which is insane and ridiculous because that’s not how our system works at all, and is completely wrong when it comes to jurisprudence. You see, the Supreme Court of Canada has already rejected this line of reasoning, both in terms of the deviation of voting power (i.e. unequal riding sizes) for the purposes of better governance, but also with attempted challenges to the First-Past-The-Post system in the Quebec courts, which were roundly rejected and which the Supreme Court of Canada refused to grant leave to appeal. That means that as far as they’re concerned, the law is settled, and for Fair Vote Canada to try and advance this line of argument is futile and wrong. Because the law is settled. But considering that the whole basis for their advocacy of PR is rooted in sore loserism at the ballot box, it makes complete sense that they are also sore losers when it comes to the judicial system as well.

Moral of the story: Fair Vote Canada has long used falsehoods and logical fallacies to advance their case. This ridiculous and completely specious release is just one more in a dishonest string of arguments they’ve made and will continue to make as this debate heats up in the coming months.

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Roundup: Fundraising moral panic

In case you missed it, the moral panic over the past week or so is ministerial fundraisers, first in Ontario (and to a certain extent BC), but that’s bled over in to the federal sphere, because apparently we were afraid of missing out. And don’t forget, the federal rules are already pretty strict, with corporate and union donations already been banned and the contribution limit is pretty small (and when it comes to leadership contests, the Conservatives and NDP conspired to screw the Liberals, who were mid-contest at the time, but that’s beside the point). The point is that there’s a lot of unnecessary tut-tutting, particularly around a perfectly legal private fundraiser that the Minister of Justice is holding at a Toronto law firm. “Oh,” they say. “Some of these lawyers may want to be judges one day.” And this is the point where I look at people who say that straight in the face and ask if they really think that a federal judicial appointment can be bought for $500. Really? Seriously? Even on the issue of legal contracts, the minister can recuse herself if said law firm bids. There are processes around this kind of thing. The Ethics Commissioner said that there is no apparent conflict of interest here, but that doesn’t stop people from crying “money for access!” And when you have people like Duff Conacher going on TV and decrying that limits should be $100 because that way it’s equal for everyone, you have to wonder if that logic extends to not everyone can have nice things, so we should ban them so that it’s fair for everyone. Also, if you lower the limit too low, then people start looking for other ways to raise money, and all you have to look to is Quebec, where their strict donation regime became quickly susceptible to corruption. Of course, Conacher won’t be satisfied by any ethics regime unless he’s in charge of the parliamentary thought police, and frankly, anyone who quotes him in one of these stories becomes suspect because it means they’re going for cheap outrage. Are there bigger problems of perception in places like Ontario, where there aren’t any donation limits? Yes, indeed. But that’s not the case federally, and the minister is following the rules. Frankly, I’m not fussed that the PM is shrugging this off because honestly, this isn’t something that we should be lighting our hair on fire about.

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Roundup: The Senate Advisory Board reports

In keeping with the commitment to openness and transparency, the Independent Advisory Board for Senate Appointments released their report yesterday (PDF) on the interim process by which the first seven of the new independent Senate appointments were chosen. It’s an interesting read – they had a list of nearly 300 names to consider after consultations and nominations, from which they whittled it down to 25 names – five per vacancy that they were expected to fill, from which Justin Trudeau ended up selecting seven names rather than just five. The cost of the whole process was about $170,000, which seems to be pretty bare bones if you ask me. There were observations on the process included in the report, primarily that the process was pretty rushed, which meant that most of the information they had on candidates were all based on self-declaration, and that they didn’t conduct interviews with their short-list candidates in this process – they merely identified them, and one presumes that PMO was then responsible for the final vetting – something that might change as the process goes forward and the panel has more time and resources going forward as they look to fill the remaining vacancies over the next year or so, and any future vacancies as they come up. Also, the report listed the nearly 400 groups that the Board reached out to in order to get suggestions, and had demographic data on gender, linguistic profile, and Aboriginal and visible minority status. It also noted that failed candidates got a letter thanking them for participation, and the report noted that they are free to apply again under the future process. The chair of the Board has dismissed any concerns over the issue of André Pratte and his property hiccough, given that it will be resolved before he is appointed, and it’s a perfectly reasonable position to take. I will also note that this report answers most of the questions that Scott Reid has been howling about in QP over the past couple of months with regard to process and the secrecy of the system. Yes, there is an expectation of confidentiality for those who did not get appointed, as with any Governor-in-Council appointment, and from the language of the report, the PM did indeed choose the names from those on the short lists. Thus far, it looks like this new system is working as expected, and it provides the necessary suggestions for how to improve the process even further. Of course, we need to see how these new senators will perform, particularly in the capacity as independents in a system where the rules are still weighted to party caucuses (though that is slowly changing), but so far Trudeau’s reform plans are bearing fruit. We just need time to evaluate them going forward before we can declare it a success or not.

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Roundup: Overwrought defences

Plenty of developments in the Senate yesterday, all of them resignation related. Manitoba Senator Maria Chaput resigned due to health concerns, Conservative Senator Irving Gerstein has reached his mandatory retirement age, and Senate Liberal Senator Pierrette Ringuette has resigned from the Senate Liberal caucus to sit as an Independent. As part of the tributes to Gerstein, there were some overwrought statements on the Conservative side about the value of political fundraisers, and I will say that I’m not one of those people who has a kneejerk reaction to fundraisers who get appointed to the Senate. Why? Because these are people who interact with the voters as much as MPs do, and have a pretty good sense of what their issues are (if only to exploit them for political gain). It’s like being aghast that there’s politics in politics. Granted, the tone out of the Conservative Senate caucus these days of “See! There’s nothing wrong with being partisan!” isn’t helping their case any, but on a fundamental level they’re right. They just need to tone it down from an eleven to a two or a three. As for Ringuette, I will note that the fetishised tones being used to describe the “desire for an independent Senate” are as equally overwrought as the Conservatives’ defence of partisanship. I was particularly struck by Ringuette going on Power & Politics and declaring that there’s nothing in the constitution that says that the Senate has to be a partisan body, therefore she and others of that mindset feel that there’s no role for partisanship. Where that argument falls apart is that it’s right in the preamble of the constitution itself – that Canada has a political system like that of the United Kingdom, and last I checked, its upper chamber was also a partisan body (and no, this isn’t an invitation to compare the Senate to the House of Lords, because they are very different institutions, but the principle of the upper chamber remains). People who insist that something isn’t in the constitution (*cough*Elizabeth May*cough*) ignore the unwritten parts of it, which are just as valid as the written parts, and it’s not an adequate defence for how they imagine institutions to function. So while it’s good on Ringuette to want to go her own way, I do think that the conversation around independent senators is still in its early stages, and I have no doubt that there are plenty of surprises on the way.

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QP: A few verbal warnings

Normally Wednesdays, being caucus days, are the most well attended in the Commons, but considering that it’s the first week and everyone has been here the whole time, the attendance was not much changed. Rona Ambrose led off in French, lectern on desk, asking about the promise of electoral reform and whether the government would hold a referendum on it. Justin Trudeau noted that they have committed to engage in broad consultations with Canadians to have a more representative system. Ambrose retorted that when you change the rules of democracy, everyone gets a say, and noted that sixty percent of Canadians didn’t vote Liberals. Trudeau noted that her party did not consult with the Fair Elections Act, but he would. Ambrose again demanded a referendum he had a system in mind. Trudeau reminded her of the previous government’s disrespect for democracy. Denis Lebel gave another round in French asking for a referendum. Trudeau again didn’t promise to hold one, simply on holding consultations. Thomas Mulcair was up next, wondering why the government didn’t agree with their motion to cut the lowest tax rate instead. Trudeau said that their plan was what Canadians had asked them to do because it helps the middle class. Mulcair asked again, throwing in some Christmas allusion, got the same answer, then changed to French to ask about Canada Post home delivery. Trudeau reminded him of the moratorium on new community boxes, and noted the plan for more consultations. Mulcair changed topics again, asking about the tax credit on labour sponsored funds. Trudeau reminded him the mandate letters spelled out the priorities, which included that promise.

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Roundup: Assisted dying heating up

The issue of doctor-assisted dying is heating up the closer we get to Trudeau and cabinet being sworn in, seeing as there’s a looming February deadline on the horizon. Trudeau signalled that he plans to ask the Supreme Court for an extension to their decision to strike the existing laws down, but that too poses its own challenges. The federal government had initially asked the Court for eighteen months, and they gave them twelve, at which point the government sat on it for several months before creating what looked to be a stacked advisory committee to study the issue. That committee is also in the crosshairs, as advocacy groups say that it should be abolished because of its stacked nature. The chair of said committee said that its members’ former positions against assisted dying are no longer relevant because the Court has ruled and they now have to come up with a system that will work to protect the vulnerable while enabling those Canadians who wish to die with dignity to do so on their own terms. It certainly couldn’t hurt Trudeau to let them report and see what they have to say, and then choose to accept or disregard it at that time. The very fact that he’s now forming government should also be a signal that he expects this consultative process to be something other that the one the government engaged in around the prostitution question, in that he is not expecting them to give one response in particular but to have a more thoughtful result in the end. I guess we’ll see. Meanwhile, advocates of religious communities came out against assisted dying again, insisting instead on more resources for palliative care, as though they were mutually exclusive, never mind that the Supreme Court has also made a clear ruling. (And one would think that if they allowed people who wanted to die on their own terms rather to do so, it would free up those resources that were otherwise needlessly prolonging their suffering that could be applied to palliative care, but maybe I’m wrong on that one).

https://twitter.com/emmmacfarlane/status/659187808322605056

https://twitter.com/cmathen/status/658299297897824256

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Roundup: Ignoring legal advice

Looking through the government documents made available to the public during the court challenge on the government’s niqab ban during citizenship ceremonies, a pattern emerges quickly – that the department knew this was a non-starter, and they tried to offer alternatives for accommodation. Jason Kenney, the minister at the time, would have none of it, and pressed ahead anyway. And lo and behold, he used an instrument to implement a ban that was out of order. The Federal Court has said so, and the Federal Court of Appeal upheld it in a ruling from the bench, and this didn’t even touch the Charter arguments. But it shouldn’t be a surprise given the frequency at which this government’s legal and constitutional positions keep getting struck down by the courts, whether it’s with certain mandatory minimum sentences, or the Senate reference. People wonder what kind of legal advice they’re being given, and as this particular case clearly demonstrates in the documents, they’re being told that their positions don’t hold water – and yet they push ahead anyway. As we saw in the Duffy trial that the government created their own legal advisor position within the PMO, never mind that they have the Department of Justice who should be providing them with legal advice. The plain reading of what this means of course is that they didn’t like what Justice had to tell them, so they found a workaround to give them legal advice they found was more palatable. It all seems like such a waste of time, energy and taxpayer’s money – this from a party who insisted that they were going to put an end to waste in government.

https://twitter.com/michaelplaxton/status/646638431653765120

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