Senate QP: Opioids and bovine TB

Today’s special guest star for Senate Question Period was Health Minister Jane Philpott, whose birthday it also happened to be. Senator Ogilvie led off, and he raised the social affairs committee’s report on dementia, which the full Senate endorsed last night, and he wanted to know if she was aware of its contents. Philpott said that she has had a preliminary briefing on the report and she personally has experience with the file, given her own father suffers from it and she was looking to working on the file together.

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Roundup: A dying brand of politics

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.

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Roundup: Non-binding unanimous support

Supply day motions – also known as opposition day motions – can be tricky business, and unless the opposition party that moves it isn’t careful, they can wind up giving the government a free pass on supporting said motions without fear of consequence. Never mind that the point of supply day motions is to debate why the government should be denied supply (and hence confidence), these have largely turned into take-note debates on topics of the opposition’s choosing. These free pass motions happened with surprising regularity in the previous parliament, with the NDP frequently offering up mom-and-apple-pie motions that the Conservatives would obviously support the intent of, despite never having the intention to follow through with substantive action on, because hey, the motions are non-binding, and why not look like they support the idea of the motion? And lo and behold, the Conservatives offered up just such a motion around the Supreme Court of Canada, imploring the government to “respect the custom of regional representation” when making appointments to that court, “in particular, when replacing the retiring Justice Thomas Cromwell, who is Atlantic Canada’s representative on the Supreme Court.” While I will quibble with their use of “custom” as opposed to “constitutional convention” (which it really is at this point), this was one of those motions worded just loosely enough that the government could vote for it (and it did pass unanimously, as these kinds of motions often do), and should they go ahead and appoint a non-Atlantic justice to the court, they have room enough to turn around and give some kind of a nonsense excuse like “Oh, we felt that such-and-such diversity requirement was more needed at this point,” or “we felt that the Atlantic nominees were insufficiently bilingual,” or what have you. Or, as the talking points have been turning to, they will point to the number of Atlantic nominees on the short-list and said that they got equal opportunity and were not prejudiced against or some such, and make the merit argument. Suffice to say, there is more than enough wiggle room, and for a party that was so recently in government, the Conservative should have known better than to word a motion in a way that the government can support and later wiggle out of. This having been said, the government has been under enormous political pressure from the premiers regarding this Atlantic seat, so it is not inconceivable that this as a step in walking back from having the nominations being too open, but that remains to be seen.

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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: Taking yet more wrong lessons

Another day, another column with a plaintive wail that Proportional Representation (PR) is really nothing like its critics say – really! And like Andrew Coyne last week, this defence by Devon Rowcliffe for iPolitics.ca relies again on comparisons that are problematic. The argument that small parties better reflect our diverse society ignores that large brokerage parties that exist in this country are adaptable and diverse in their own right, and seek to attract diverse candidates. Many countries that rely on PR systems are fairly ethnically homogenous, and I would be concerned that a system that privileges smaller ideological parties would also favour parties founded on ethnic nationalism – a party of Sikh voices or Ismaili Muslims, for example. There are plenty of stories that exist among people who currently organise in our system about attempts by these communities to turn themselves into voting blocs for one party or another, and in a system that privileges those kind of blocs with the promise of outsized power – as opposed to one that diffuses these differences among the many factions being brokered into a big tent – there would be the danger of rewarding sectarianism, which would do nothing for social unity. And no, Canada is not New Zealand, so trying to force that comparison is yet another attempt to draw lessons that may not be applicable.

Rowcliffe also cites that there’s no real fear of unstable coalition governments, and then cites the Danish political drama Borgen as an example of this in action, apparently taking the wrong lessons as every other episode of Borgen that I’ve seen (granted, I’m only into the second season currently) has the coalition being in danger of falling apart because one party or another that forms it is looking to leverage their way into more power or influence. Look at the Liberal Democrats in the UK! You mean the part where the party was virtually wiped out in the next election? Shouting “Stephen Harper!” as an excuse to implement PR ignores that there was a significant following for Harper and his policies at the time, and it should not bear repeating but trying to change the voting system to keep out a party you don’t’ like is a very poor reason to do it because that leads to all manner of unintended consequences. Pointing to the 1993 election as examples where the current system has failed ignores both the circumstances around it and the fact that it was a blip and not the norm (not to mention that once again, the logical fallacy of the popular vote is cited as being a real figure when it is not, and hence the epithet of the system being “broken and archaic” is reliant on a lie).

One last point, which is that constantly whining about how unfair the current system is to the Green Party (as Rowcliffe borders on) ignores that the Green Party is not a grown-up political party. It’s a loose collection of conspiracy theory-minded hippies and bitter Red Tories with a policy development system that consistently falls prey to marginal groups like “Men’s Rights Activists,” and their inability to effectively organize or come up with a coherent policy book is not the fault of the system. Pretending otherwise ignores the facts for the sake of sore loserism.

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Roundup: The AG’s disastrous advice

The Senate’s internal economy committee is signalling that they are looking into setting up an independent audit committee, and my alarm bells are going off so hard right now because if they follow the path that the Auditor General wants them to go down, then they are risking serious damage to our entire parliamentary system. And no, I’m not even exaggerating a little bit. You see, Michael Ferguson wants to ensure that if there are any senators on this independent committee, that they are in the minority and not in a position to chair it, because that would mean they’re still writing their own rules. And the answer to that is of course they’re writing their own rules. They’re Parliament. Parliament is self-governing. In fact, it’s not only ignorant but dangerous to insist that we subject our parliamentarians to some kind of external authority because that blows parliamentary privilege out of the water. If you don’t think that Parliament should be self-governing, then let’s just hand power back to the Queen and say “thank you very much, your Majesty, but after 168 years, we’ve decided that Responsible Government just isn’t for us.” So no, let’s not do that, thanks. And it’s not to say that there shouldn’t be an audit committee, and Senator Elaine McCoy has suggested one patterned on the one used in the House of Lords, which would be five members – three senators, plus an auditor and someone like a retired judge to adjudicate disputes, but the Senate still maintains control because Parliament is self-governing. It allows outsiders into the process to ensure that there is greater independence and which the senators on the committee would ignore at their peril, but the Senate must still control the process. Anything less is an affront to our democracy and to Responsible Government, and I cannot stress this point enough. Ferguson is completely wrong on this one, and senators and the media need to wake up to this fact before we really do something to damage our parliamentary institutions irreparably (worse than we’re already doing).

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Roundup: Not a hellscape, not a utopia

Because this is the summer of electoral reform editorials, we are treated to yet another gem by Andrew Coyne, who admonishes electoral reform’s detractors by reminding them that no, it won’t produce some kind of dystopian hellscape. Obviously. And most of the editorials opposing reform we’ve seen to date have been pretty ridiculous because they are talking about pure PR systems that are not really on the table here or in most places, and they raise the spectre of Italy of Israel as countries where these are problems. But the rebuttals to these kinds of arguments, including from Coyne, are just as bad because they cite Sweden, Denmark, Austria, Iceland, and so on as great places where PR works in stable countries, which also just happen to be ethnically and linguistically homogenous and are fairly small in terms of geography – things that do not apply to Canada. I was surprised that Coyne brought up both Austria and Belgium as examples of countries where PR works, because Austria is currently grappling with far-right parties attempting to form governments, and Belgium is a country that is linguistically and ethnically divided and which has had problems forming a government over the past decade, sometimes going for over a year without a government in place because a stable coalition can’t be formed among the resulting parties. Coyne also cites the metric of how many elections have been held in a number of these countries, which is misleading, when the metric should be how many ministries there have been. Part of the problem with PR systems is that they can form governments where a central party stays in power for decades and merely shuffles around its coalition partners from time to time – something that is a very bad thing for accountability (unlike our current system in Canada, which gives voters the ability to throw the bums out every decade or so). But by all means, admonish us for falling for the caricatures of Israel and Italy – just be aware that citing Scandinavian countries is just as much of a dishonest portrayal for ignoring the cultural contexts of those systems or the problems that they have that are simply different from the ones that we have. Canada is not a Scandinavian country, and citing their electoral systems as a model for our own is just as blinkered an exercise. PR may not produce a hellscape, but let’s not pretend that it will actually fix our woes either.

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Roundup: Case management conundrum

MPs complaining about the changes to the way that immigration files are handled returns to an old bugaboo of mine, and as it seems, Aaron Wherry’s as well. In other words, MPs shouldn’t be doing immigration casework, because it’s not what they’re there to do.

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What I will add to this is that MPs’ jobs are not just as legislators, but rather, their primary function in a Westminster system is to hold the government to account – something that most MPs spend very little time doing these days. And the civil service has a lot to blame for this, don’t get me wrong, and everything I’ve heard has indicated that they are just as culpable by not even looking at some files until the MP’s office brings it up to them in cases, and that’s unacceptable. But we shouldn’t be making this situation worse by reinforcing the broken system that has MPs playing this role, because that’s a losing proposition. There needs to be political will to fix those problems, and if MPs would rather spend that will to reinforce the broken system (because they think it will win them local votes), then the cycle perpetuates. Enough has to be enough. Let’s draw the line.

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Roundup: Unger vs Black

Further to Senator Black’s resignation from the Conservative caucus, we have a couple of reactions – first, an interview with Black by Jen Gerson, in which Black expresses his excitement for the “uncharted territory” of greater independence in the Senate. Second, a somewhat bitter response from fellow “elected” Alberta Senator Betty Unger, who repeats some of Senator Plett’s accusations about Black’s attendance, and goes on to assert that senators should be in a caucus to give them some kind of accountability. Oh, and then there’s Kady O’Malley, who notes the “disappointment” of Senator Tannas in his response to Black’s decision, in which she reminds them in her own Pollyana-ish way that yes, they can still work together even if they’re no longer in caucus together.

Among the responses are some particular problems with the conceptions of how a caucus can and should operate, and part of that stems from the fairly unique situation of how the Senate was being run under the Harper government. Unger is correct in that being part of the national caucus brings more perspectives and allows more participation (which is one of the reasons why Trudeau’s decision to banish senators from his caucus was short-sighted), but her conception of caucus providing “checks and balances” to senators is a bit mystifying, particularly considering that there is little that a caucus could do to actually control a senator given that they have institutional independence under our constitution. Sure, they can threaten them with being removed from a committee or from participating in travel, but that’s the extent of it, and if a senator feels a particular conviction on an issue, then that’s a risk they can and have taken before.

As for Black, being part of a caucus in the Senate doesn’t mean that he is forced to toe any particular party line, whether they achieve consensus on a position or not. Granted, since he has been in the Senate, it was operating in a more tightly controlled environment because the Conservatives had largely trained their new senators to believe that this was the norm, that they could be whipped, along with some cajoling about how they needed to go along with things under the rubric of “you want to support the prime minister, don’t you?” And that would usually cow them into line, never mind that there are no actual levers of power for a government to assert in the Senate. Black and Unger both have always been in the Senate where they were told that there was this expectation, and now that they are in opposition and the party is in a leadership convention, they are suddenly finding themselves without that same comfortable feeling of obligation to the person who appointed them (never mind their “elected” status – it certainly didn’t mean anything for their “elected” predecessor Bert Brown, who insisted that senators had to dance with the one who brought them). Black obviously decided that he felt freer in this environment and wanted to push it further. That’s his prerogative; Unger feels the need for structure, and that’s legitimate, so long as she knows that she has that institutional independence and that there is no such thing as caucus control for a senator (and I’m not sure that she does, given her Senate “upbringing”).

But honestly – between the fetishisation of “independence” and the wrong-headed notion of “checks and balances” that don’t actually exist, neither are really on the side of the angels on this one.

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Roundup: Slight mandate confusion

The effort to turn the delay in André Pratte’s formal Senate appointment while he finalizes the purchase of property in the right Quebec senatorial district into some kind of controversy continues to be weak sauce, but it did expose a bit of a schism between what the advisory board believes their job to be – finding names to be recommended, leaving the PMO to do the final vetting – and the PMO’s communication around their expectations – that the board should only recommend qualified persons (which, let’s be honest, is a little bit of buck-passing). I’ve seen what purports to be the application form, and it did have the seven vacant districts listed, but that doesn’t mean that Pratte filled that form out as a self-applicant, but may have been approached, which could be why the issue of property was not entirely sorted before he was recommended. Regardless, it remains a bit of a damp squib in terms of a controversy or conspiracy, as Conservative MP Scott Reid would have us believe. Does this mean that there will likely be more vetting the next time around? Probably. Is this a fatal blow to the process? Hardly. Growing pains at the very least, which is why they had the interim process that generated these seven names first, so that they could work the bugs out of the system. That said, I will repeat Emmett Macfarlane’s note that the bigger problem with this process is people applying. That way is almost certainly the way that madness lies, as every egomaniac and self-professed “top minds” in their field will apply (and I know of at least one person who is wholly unqualified but believes himself to be who is trying to get support for a self-nominated Senate application). This should be a process where people are identified and nominated by others in recognition for a lifetime of good work, not a means of ego-stroking and self-congratulation without having to go through the rabble of the electoral process. It defeats the whole point of the Senate as being a place where people who would not otherwise seek office can be given an opportunity to contribute. If you are seeking a Senate appointment, your motives should be immediately considered suspect, and should almost certainly be disqualifying. After all, did we learn nothing from Mike Duffy’s decades-long campaign to get himself appointed? Let’s not do that again.

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