Tag Archives: GLBT

Roundup: Caretakers and emergencies

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The situation in BC, where there is an emergency situation of wildfires and evacuations in the midst of a change of government, can be pretty instructive as to how our system of government works. Right now, as with during an election period, the machinery of government goes into “caretaker” mode, and because Christy Clark remains the premier until the moment John Horgan is sworn in, she is able to respond to the situation as she is doing now.

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This is why, after Clark’s visit to the lieutenant governor, the statement from the LG was that she “will accept her resignation,” not that Clark has resigned on the spot.

Why is this important? Because the Crown must always have someone to advise them, especially in circumstances like this. Add to that, we have a professional, non-partisan civil service means that they are already in place, and don’t need to have a massive new appointment spree to fill the upper layers like they do in the US. That means that they can respond to these kinds of situations, and while the caretaker government gives the orders, the incoming government’s transition team is being briefed so that they can handoff the files when they form government. It’s an elegant system that we’re lucky to have.

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Roundup: PBO’s platform peril

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Now that the budget implementation bill has passed, the Parliamentary Budget Officer is in the midst of transforming into yet another unaccountable Officer of Parliament that will have a broad mandate and few checks on his actions, given that the government backed down on their attempts to limit the scope of his work. What they didn’t limit was the giving the PBO the mandate to cost election promises by other parties, despite his objections to doing so, and so now his office is being forced to figure out just how they’ll do it. The legislation does make it clear that he’s only to cost individual promises, not their whole campaign, but it’s going to be an enormous amount of work that will be used even more as a cudgel than his work already is, and we can expect an election period being filled with taunts of “See, the PBO says that your plans will cost more than you say and he’s independent,” with the unspoken “Nya, nya!” in there. Oh boy. Anyway, Jennifer Robson has a few more thoughts on the issue.

The bit about a common baseline is possibly important, given that economist Stephen Gordon has been trying to match Liberal election promises to the current budget framework and has found the task to be nigh impossible.

Enforcing common costing baselines may sound like a good idea, but it does make me nervous about campaigns devolving into accounting exercises at the expense of other considerations, including accountability, and that we’ll have repeats of 2008, when we had clear platform commitments shrugged off by reporters going “it’s just so complicated” when a) it wasn’t, and b) it reinforces this “math is hard” narrative that does nobody any favours. But maybe that’s just me.

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Roundup: Trudeau laying in the Senate bed he made

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There is a renewed round of wailing and gnashing of teeth about the Senate feeling it oats and flexing its muscles, and yesterday it was the Prime Minister doing it. Apparently deliberating and amending bills is fine unless it’s a budget bill, in which case it’s a no go. The problem with that is that of course is that a) there is no constitutional basis for that position, and b) if the whole point of Parliament is to hold the government to account by means of controlling supply (meaning the public purse), then telling one of the chambers that it actually can’t do that is pretty much an existential betrayal. So there’s that.

But part of this is not so much about the actual issue of splitting out the Infrastructure Bank from the budget bill – which Senator Pratte, who is leading this charge, actually supports. Part of the problem is the principle that the Senate isn’t about to let the Commons push it around and tell them what they can and can’t do – that’s not the Commons’ job either. As Kady O’Malley delves into here, the principle has driven the vote (as has the Conservatives doing their level best to oppose, full stop). But some very good points were raised about the principle of money bills in the Senate, and while they can’t initiate them, that’s their only restriction, and they want to defend that principle so that there’s no precent of them backing down on that, and that’s actually important in a parliamentary context.

As for this problem of Trudeau now ruing the independent Senate that he created, well, he gets to lie in the bed that he made. That said, even as much as certain commenters are clutching their pearls about how terrible it is that the Senate is doing their constitutional duties of amending legislation and sending it back, it’s their job. They haven’t substituted their judgment for those of MPs and killed any government bills outright and have pretty much always backed down when the Commons has rejected any of their amendments, and that matters. But it’s also not the most activist that the Senate has ever been, and someone may want to look to the Eighties for when they were really flexing their muscles, enough so that Mulroney had to use the emergency constitutional powers to add an extra eight senators to the Chamber in order to pass the GST – which was a money bill. So perhaps those pearl-clutchers should actually grab a bit of perspective and go lie down on their fainting couch for a while.

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On the subject of the Senate, it’s being blamed for why the government hasn’t passed as many bills in its first 18 months as the Harper government had. Apart from the fact that the analysis doesn’t actually look at the kinds of bills that were passed (because that matters), the reason why things tend to be slow in the Senate is because the Government Leader – err, “representative” – Senator Peter Harder isn’t doing his job and negotiating with the other caucuses and groups to have an agenda and move things through. That’s a pretty big deal that nobody wants to talk about.

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Roundup: The disingenuous framing of a committee report

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As you may have heard, the Heritage Committee released their long-awaited study on suggested ways to help the local media landscape in Canada. And I’m not here to talk about that, however, but rather how the narrative got completely spun into “Netflix tax!” or “Internet tax!” which wasn’t exactly what they were proposing either. Still, it became a convenient cudgel by which to try and bash the government with.

And that’s the bigger problem with this whole affair – that a committee report is being used to paint the government when it’s backbenchers who are on the committee. That separation between government (meaning Cabinet) and a committee of the legislature is important, and conflating the two is being wilfully disingenuous and makes the problem of not understanding how our parliament works even worse.

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Paul and Aaron both have some very valid points. When the opposition frames it as “Netflix tax!” it’s sadly how most media will report it as well, and I didn’t see a lot of corrections going on about what the report actually said, and that’s a problem. But Aaron also has the point about how the media loves to jump on differences of opinion in parties, but when the parties themselves frame the issue, the media often gets swept up in those narratives.

Remember when there were those Conservative backbenchers trying to float some backdoor abortion legislation or motions that the government distanced themselves from but the NDP screamed bloody murder about hidden agendas and so on? This is not far from the same thing. And they know they’re being disingenuous, but they’re doing it anyway, no matter how much they’re actually damaging the perceptions of the institution.

That said, I could be really mean and point out that it may be hard for the Conservatives to tell the difference between backbenchers on a committee and the government seeing as during their decade in office, they essentially turned the committees into branch plants of the ministers’ offices with parliamentary secretaries ringleading the show and completely destroying their independence…but maybe I won’t.

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Roundup: More BC Speaker cautions

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The question of the Speaker of the BC Legislature remains up in the air, and continued word is that the Liberals are keeping their own out of the race lest they lose another seat as they test the confidence of the legislature, and with the Greens ruling out one of their own as well, that leaves the NDP left holding the bag when it comes to electing a Speaker. They’re obviously reluctant to do so, but it also reduces their chances of toppling the government and installing one of their own. And with that reality in mind, there is dark talk about the NDP turning the Speaker into a partisan if that happens.

This kind of comment is a real problem, because in a Westminster system, the conventions are the rules. And when people don’t see an issue with the Speaker breaking the convention that they only vote to break a tie, and in a manner that either keeps debate going or to preserve the status quo, demanding that an NDP Speaker topple the Clark government is a very big problem.

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And if an NDP Speaker is elected but doesn’t opt to topple the government (and they very well should not for the sake of our system), it could leave Clark with little ability to govern, especially when it comes to passing supply, but that could be exactly what Clark is waiting for – an ability to go back to the electorate with great public regret. That said, she is under no obligation to simply accept defeat and turn over power to the NDP, especially with a precarious situation (signed confidence agreement or not).

I will add that the BC Liberals are under no obligation to put forward a name for Speaker. Federally, the Conservatives served two minority terms under Peter Milliken, a Liberal Speaker, with no ill-effect. So no, nothing is over or settled on this yet.

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QP: Scheer’s debut reading

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The day after the Conservative leadership results, the seating plan had changed to give front-row seats to most of the failed candidates, with Rona Ambrose to sit next to Scheer for the next few weeks. As well, the PM was still in Rome, and would not be here to spar with Scheer on his first sitting day in the new job. Scheer led off, mini-lectern on desk, and launched into a rant in French about how the previous Trudeau government hurt his generation, and asked a rhetorical question about why the government was hurting Canadians. Bill Morneau first offered congratulations to Scheer for his election, and then reminded him that the economy was on the rebound. Scheer switched to English by reading complaints about people being nickled and dimed, to which Morneau repeated his congratulations in English and the positive economic indicators. When Scheer read questions about hiked taxes, Morneau reminded him that the first thing they did was lower taxes for the middle class. Scheer then changed topics and read a question about one of the surveillance planes in Iraq being withdrawn. Harjit Sajjan noted that Canada increased their contributions, and that rebalancing forces was a constant exercise. Scheer repeated his question in French and got the same answer. Irene Mathyssen was up for the NDP, railing about the Infrastructure Bank as a source of user fees. Amarjeet Sohi assured her the Bank was there to invest in the Infrastructure deficit. Alexandre Boulerice asked again in French, and Sohi reminded him that the Bank would be accountable to Parliament. Boulerice then switched to the question of lifetime pensions for wounded veterans, to which Sajjan insisted that they still planned to implement the pension. Mathyssen asked again in English, and Sajjan repeated that further details would be released later in the year.

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Roundup: On foreign money in federal elections

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Yesterday I mentioned a certain moral panic disguised as “journalism” authored by former Calgary Herald opinion editor Licia Corbella when it came to accusations about foreign money trying to influence the 2015 election. Anyone reading the piece should have clued into the fact that it was a hit-job, from the sympathetic portrayal of Joan Crockatt, the lack of corroborating evidence, the one-sided sources, oh, and the fact that it repeated the canard that the Tides Foundation was some kind of influence clearing house without actually digging into those numbers beyond their top-lines. And too many outlets ran with the story as is on the first day, and really only started to question it yesterday. VICE did a pretty good takedown of the claims, and when some of the other outlets started asking questions about that “report” with the accusations, the excuses for why it couldn’t be produced were…dubious to say the least.

This notion that there is a problem with foreign money influencing elections via third parties is also dubious, and while the Commissioner of Elections said he wanted the legislation tightened during a Senate committee hearing, a former lawyer form Elections Canada disputes some of the Commissioner’s interpretation of the law.

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If more people had closely read Corbella’s piece in the first place, I think we could have avoided the pile on of hot takes that swiftly resulted on Monday. As a columnist, Corbella was a known fabulist, which is why this piece of “journalism” should have been treated with utter suspicion from the start.

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Roundup: The good and bad of new Senate rules

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The Senate adopted a change to their rules this week, which changed the definition of a caucus so that it no longer depends on being affiliated with a party registered with Elections Canada, but can instead be any nine senators who want to affiliate themselves. The immediate upside of this is that it formalizes the break between the Conservative and Liberal duopoly that has dominated the Chamber for much of its history, and will grant actual formal status to the Independent Senators Group that the majority of the crossbench appointments have affiliated themselves with. Breaking the duopoly is good, because some of the past abuses in the Chamber were enabled by it – why come down hard on the rules when you’ll be the one to benefit from them next, when it’s “your turn” after all?

But where things go from here is where things get a bit more fraught. Senator Peter Harder, the Government Leader – err, “representative,” is pleased as punch by this development because it creates more independence that moves in line with his vision of a chamber without partisan affiliation, where he can then recruit and co-opt senators to his caucuses at will. The notion that it gives senators the freedom to associate themselves in whatever configuration they choose – and usually people’s first idea is on regional lines – is fraught because it takes apart the Westminster model of government and opposition, which is fundamental to our system of government. The ability to have a coherent opposition is an important one, and if the Senate breaks up into interest groups, that makes coherent opposition more difficult, and generally makes it more difficult to hold a government to account – especially if those interest groups start agitating for their own particular special interests rather than having a big enough tent to encompass a multitude of views and regional dynamics within it, like we do now. If we let the Senate devolve into a collection of interest groups, what does that do about its ability to hold government to account, or to actually push back against bad legislation in a coherent manner when it counts to do so? While there is room to grow in the Chamber to permanently fit three or four different caucus groups, we should beware having too many factions. If some of those factions should choose to remain partisan, that shouldn’t be discouraged either – politics is partisan, and the Senate is a political body. That it is appointed, however, means that in most cases, the partisanship is more muted because they aren’t vying for re-election, which is as it should be. But while there are positive outcomes from this rule change, we should keep an eye on it so as to ensure that it doesn’t become abused, especially by those who would exploit the lack of coherent opposition for their own benefit.

Meanwhile, Paul Wells has a good read on the Senator Stephen Greene ouster, and how the two approaches to dealing with this new independent Senate – charm from Trudeau, discipline from the Conservatives – isn’t really working.

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QP: Bell Island conspiracies

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With Justin Trudeau on his way to the Microsoft conference in Washington State, and Rona Ambrose bowing out, there were only two leaders present for QP today. Candice Bergen led off, railing about the PM’s Xmas vacation — again — using the reach of a story about the island’s ownership to raise doubts. Bardish Chagger gave the usual reply. Bergen used this as a hook for a question to accuse Chagger of being the wrong person to be in charge of finding a new Ethics Commissioner, and Chagger reminded her that the process is open and anyone can apply. Bergen insisted that the government was simply looking for Liberal donors, citing Madeleine Meilleur’s nomination as Official Languages Commissioner. Diane Lebouthillier took this one, praising Meilleur’s record. Gérard Deltell was up next, worrying about the Infrastructure Bank and the search for a board despite the fact that it had not been created yet. Amarjeet Sohi reminded him of the value of the Bank, and that they wanted to gave board members ready to be appointed when the Bank’s creation was authorised by Parliament. On a second go from Deltell, François-Philippe Champagne took the opportunity to tout the Invest in Canada Agency that they were also looking for appointees for. Thomas Mulcair was up next, spinning a conspiracy about the tentacles of KPMG infiltrating everywhere, and Lebouthillier got up to note all of the measures they were taking to combat tax evasion. Mulcair asked again in French, and got the same answer. Mulcair then took a swipe at Meilleur’s appointment at Languages Commissioner, and Lebouthillier repeated her lines about Meilleur’s record. Mulcair demanded that Chagger recuse herself from the selection of the Ethics Commissioner, and Chagger reminded him of the open process.

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Roundup: Rejected amendments on C-4

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It looks like we may have another bit of drama between the Commons and the Senate with respect to the amendments on Bill C-4, which is the government’s repeal of two private members’ bills from the previous parliament that sought to limit unionisation. While the portions of the bill related to the repeal of the one bill on financial reporting for unions went through, there were amendments to retain the portions of the former bill on ensuring that union drives are subject to a secret ballot instead of the card-check system. The government has signalled that they plan to reject those amendments, which was not unexpected.

The insistence on secret ballots for unionization was a very fraught issue, and having covered the private members’ bills in the previous parliament, I spoke to a number of labour relations experts who said that not only did this was a problematic change because it put the system out of step with much of the legislation around it, but the process for making those changes – a private members’ bill – upset a lot of the balance in the system and because it had the Conservative government’s support, it shifted the role of the government from promoting settlements and giving parties mediators or arbitrators to one of being openly against the unions. None of that goes away with the Senate’s amendment process. This isn’t by any means to say that I’m trying to shill for the unionization side of things – I’m not. But this is one of those issues where process does matter, and the previous parliament upset the usual process by which these issues are agreed to.

And if the Commons rejects the amendments and sends it back to the Senate? Will they accept the judgment of the Commons? Likely. While the Conservatives in the Senate will likely try to fight this tooth and nail – seeing it as a legacy of their time in government – I’m sure there will be some pressure (and no small amount of admonition from Senator Peter Harder) to bend to the will of the elected members. If the Senate didn’t go to war with the Commons over the assisted dying bill, I have a hard time seeing why they would over this one, particularly as there is a good chance it would not survive a Charter challenge.

ETA: I confused C-4 and C-6 with regards to the call for a free vote. Those sections have been excised.

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