Roundup: The business of selling seats

Kevin O’Leary went on television on the weekend, because of course he did, and then said a bunch of nonsense. Because of course he did. This time, it was to whine about how it’s not fair that rich people can’t fund their own campaigns, and to say that he thinks that the Senate should be a profit centre rather than a cost, and charging people $100K to $200K per year for the privilege of sitting there. No, seriously. He has said he thinks it’s fine to sell seats in a house of Parliament, and nobody challenged him on that point of the fact that it’s grossly unconstitutional. (Only a later update of the story added quotes from Emmett Macfarlane that appeared to be what he tweeted on the subject).

Not only that, but you immediately had a bunch of chuckleheads showing up on the Twitter Machine going “a plain reading of the constitution would say this is allowed” without any hint that they are being ironic. Before Leonid Sirota beat me to the punch, I was going to remind everyone that the idea of selling Senate seats came up during the Supreme Court of Canada hearing on the Senate reference, where Justice Cromwell cornered the government’s lawyers on the question of “consultative elections” and how they wouldn’t require a change in the constitution. “If consultative elections are allowed, then why not a consultative auction?” asked Justice Cromwell, and well, the government lawyer had to basically swallow that one. (To remind you, they ruled that consultative elections are not allowed without a change to the constitution).

I would also add that for as much as we’ve (rightfully) lambasted O’Leary on this ludicrous idea, the NDP and others have been floating around a similar idea in the past about defunding the Senate and making it a volunteer position – you know, so that just like O’Leary’s plan, it becomes available to only the super-rich who have the time and resources to devote to doing the work. Because that’s exactly the kinds of people we want to fill those seats. Not to mention, if O’Leary thinks that Senate seats should be up for sale, why not any other federally appointed position – judges, heads of tribunals, Commissioner of the RCMP? All profit generators instead of a drain on the taxpayer, right? Yeah, no.

On a related note, O’Leary said that if he does win the leadership, he wouldn’t be in any rush to run in a by-election but would spend time crossing the country to gather support. Because this is what happens when you don’t insist that the leadership be from caucus. It elevates the position above what it should be, and diminishes the role of caucus and the value of a seat in parliament. Leadership races should be by caucus selection, not membership vote. We’ve bastardized our system enough, and we need to reign it in.

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Roundup: No, it’s not cash-for-access

This latest round of pearl-clutching over political fundraising is reaching its fever pitch in a most tiresome way possible, and I’m losing all patience with it. Determined to try and label it “cash-for-access” in order to tie the story in with the gross lack of fundraising rules that existed in Ontario, and the very dubious practices of the government there of having ministers essentially asking for donations from companies lobbying them, what’s going on at the federal level is nothing like that at all. However, bored journalists are drawing lines on between people who are attending or organizing fundraisers and lobbying activities, despite everything being reported and above board, are going “Look! Look! Smell test!” But I’m having a really, really hard time buying this. Likewise with opposition parties going “Sure, it’s in the rules, but Trudeau’s letters said that nobody should have the appearance of conflict of interest and this has the appearance!” No, it actually doesn’t. Just because you say it does, it doesn’t mean that there’s a problem.

I’m trying very hard not to come off as some kind of an apologist, but for the love of all the gods on Olympus, we have a really, really clean fundraising system with clear rules, and it shouldn’t bear repeating (and yet here we are) that you can’t buy influence for $1500. You just can’t. Sure, you might get to meet a minister, but what is that going to get you? You think they’re going to engineer a special loophole in the law for your company because you donated $1500 to their party – registered through Elections Canada, and the lobbying registry? Honestly? And it’s not like there aren’t a hundred other consultations that you could offer your suggestions to a minster or their staff with, because as we know, this government loves to consult. And further to that, are we actively trying to insist that no minister should ever fundraise because, well, “smell test” or “appearance.” Give me a break.

Meanwhile, we get inundated with everyone giving their “solution” to this, whether it’s returning the per-vote subsidy as Susan Delacourt suggests here, or if it’s Duff Conacher howling in the corner that we should adopt the Quebec donor limits of $100 (ignoring that limits that are too low means that money starts getting funnelled in other ways). But maybe, just maybe, we should all take a deep breath and realise that the more we get hysterical about this perfectly above-board fundraising in a clean and quite transparent system, it’s that we’re turning it into some zero-sum game. If we keep inventing scandal, shouting “smell test!” and “appearance!” when no, a reasonable and rational look at the situation shows that there isn’t actually a problem, we’re going to wind up giving excuses for parties to start hiding these activities. To paraphrase Rick Anderson on last night’s Power & Politics, there’s only a perception problem around this fundraising because people are throwing mud. It’s time to stop throwing mud and be grown-ups about it. This isn’t cash-for-access. $1500 is not buying influence. Stop lighting your hair on fire.

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Roundup: Trudeau’s troubling QP pledge

In an interview with Huffington Post, Justin Trudeau mused somewhat about his proposed changes to Question Period, where he is looking to institute a once-weekly Prime Minister’s Questions Period, akin to Prime Minister’s Questions in the UK, but wouldn’t commit to showing up any more days than that. Under Harper’s time in office, he went from three days to one or two, and only answering the questions of the other leaders when he did show up. Even if a theoretical Prime Minister Justin Trudeau were to show up once a week and answer all of the questions put to him, I’m a bit sceptical because it does limit availability. Part of what’s been the beauty of our QP as we have structured it is that the PM can be called upon to answer any question on any day, with no advance notice. That’s not the way it works in Westminster, where the PM is given questions in advance. Trudeau is also talking about staying out on the road to connect with Canadians, but insists that it’s not a diminution of parliament but rather the opposite, because he’ll have a capable cabinet that can handle things in his absence and it not be a one-man government. Fair enough, but anytime politicians insist that their time is better spent away from Parliament Hill is diminishing the role of parliament. We have a representative democracy, which means that people send their representatives here to debate and make the decisions. If those representatives decide they have better things to do, then what’s the point? I do find it a troubling sentiment because parliament matters. Pretending it’s a distraction from “the real issues” or just a “bubble” ignores that the work that does go on here is important and needs to be accorded with some actual respect. There is more to governing a country than doorstep issues, and it might behove a future Prime Minister to acknowledge that.

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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.

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Roundup: The Conservatives’ anti-refugee inertia

With opinion galvanizing around the Syrian refugee crisis, there are calls for the government to do more – even if the opposition parties’ targets remain a little on the weak side in the overall picture. Cities and provinces – in particular Quebec – are pledging to do more, but they are bound by the pace that the federal government sets. And above all, that is the real problem with Canada’s response. Chris Alexander has been subtly blaming the UNHCR for their slow and onerous process while trying to cast his government in a positive light for trying to change that, except they’re the ones who’ve made the system far more onerous in the first place. I’ve covered the refugee file for a number of years, most especially when I was writing for Xtra, and a consistent theme emerged was that every time the Conservatives changed the rules, they were making it harder for refugees to make it into the country. In a particular bid to try to keep out refugee groups that they didn’t want to deal with – Mexicans and Roma are two that immediately come to mind – they continually tinkered with the rules, going so far as to create a “designated country of origin” list to make it easier to reject and deport those groups, no matter that a high volume of them had legitimate claims. They shortened processing times on arrival to prejudice the system against them, particularly when it’s difficult to get documentation, and denied them avenues of appeal. And overseas, they’ve understaffed embassies and missions in areas with high refugee populations and outsourced refugee determination to the UNHCR, which doesn’t have the resources and capacity to do that. Here in Canada, they’ve shifted their focus to private sponsorship away from government sponsorship, and even when they try to assist private groups, they don’t give them the assistance that they really required, such as capacity building. And then there was the whole issue of cutting off healthcare for refugee claimants, which was also used as a means of disincentivising people from coming over. Add to this a focus on risk assessment and then prioritizing minority populations in places like Syria and Iraq, and suddenly it’s no wonder that they’re moving at a glacial pace when it comes to getting more refugees resettled in Canada. The lack of political will to tackle this refugee crisis has been long-standing and a long time in the making. There are plenty of things that they could do, as Joe Clark explained, such as putting people on the ground in the region, doing security checks there, relieving the UNCHR of all of the work of refugee status determination, and arranging transportation rather than offering them loans for it (because if there’s one thing that refugees need it’s to be nickel-and-dimed by the Canadian government). They have the capacity, but they’ve spent so long trying to choke off the flow of refugees that the law of inertia has taken hold, and they can’t turn the ship around. I don’t think enough people are calling them out on this fact.

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Roundup: Refugee crisis derails the election

News that the family of that Syrian boy who drowned off the coast of Turkey was trying to get to Canada and had been rejected touched off a political firestorm yesterday, and it wasn’t until hours later that some clarity was brought to the situation – that the sister of the boy’s father was in Canada and applying to sponsor her family, starting with her older brother, then the child’s father and his family (which included a wife and another son, all of whom were lost when their boat capsized). Chris Alexander made a show of “suspending his campaign” to come to Ottawa to meet with officials, but his campaign really wasn’t suspended – he just wasn’t door-knocking, and then he hid out from the media in the airport and ended up going out a back way in order to avoid them. Statements from the aunt in Vancouver and the government clarified some of the statements around the events with their refugee application, but much of the damage had already been done, and the government looks poorly for it – particularly because of the slow pace at which they are assisting refugees in the area, and padding their figures with those refugees from Iraq, and the fact that they appear to be cherry-picking those from religious and ethnic minorities. Harper hasn’t really helped, insisting that this is really about ISIS and saying that it’s more important that we carry on the fight against them – never mind that a) Assad and the Syrian government forces have killed more Syrians by far than ISIS or any other faction, and b) air strikes are not going to stop ISIS and the government knows it. He also insists that we’re one of the most generous countries in assisting refugees, but the numbers simply don’t show that. University of Ottawa professor Roland Paris shares some thoughts on the situation, while Scott Gilmore argues that we should take in twenty times the number of refugees being promised now, up to as many as 200,000, which we could pay for by cancelling a couple of boutique tax credits. Michael Petrou notes the real problem of the war in Syria.

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Roundup: A technical recession

So there we have it – StatsCan says two quarters of negative growth, which means a “technical” or “statutory” recession. And in case you were wondering, manufacturing was also shrinking, so it’s not just confined to the energy sector (though a lot of Ontario’s manufacturing is now geared to the energy sector). Stephen Harper and Joe Oliver tried to keep the spin on the positive – growth in June, that surplus in the Fiscal Monitor (that may prove illusory). See! Things are on the rebound! Of course, things aren’t so simple, what with some increased consumer spending and employment, and there is a great deal of debate about what it all means (or even if it is a “real” recession, rather than one that meets the statutory definition, which always brings me back to Mike Moffatt’s term “pornographic recession” – knowing one when you see it). Regardless, it’s going to keep things interesting on the campaign trail as parties sharpen their messages over the data. BuzzFeed has a simple guide to what the recession means, while here is a roundup of what the leaders said about it on the campaign trail.

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Roundup: Honesty in deficits?

Balanced budgets and deficits continued to be a topic of discussion on the campaign yesterday, and it will continue to be so today as Justin Trudeau is set to unveil his infrastructure plan to boost the economy, which seems set to include some deficit financing for another year or two as the economy appears stagnant. Stephen Harper warns the other parties are looking at “permanent deficits,” but it bears reminding that according to the previous Parliamentary Budget Officer, the only way that Harper killed off is own structural deficit was in changing the health transfer escalator, leaving him with only a cyclical deficit (which persists, no matter how much they shuffle money around on paper to cover over it). The NDP continue to insist they won’t run a deficit, but they also seem to dispute that they would need to continue austerity and they would even do things like restore the health transfer escalator, which starts to boggle the mind. The Liberals seem to be looking to score points for honesty in that a) they don’t know the true state of the books, and b) the global economic situation, but one might also add that our debt-to-GDP ratio is in a good place now (as opposed to the eighties and nineties), so small deficits won’t affect our economic health that much. To that end, Mike Moffatt says it’s important to ask parties how they would manage deficits, because they are inevitable in the current economic climate, while Andrew Coyne says that we should be paying attention to the signals being sent by the leaders when it comes to deficits.

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Roundup: So long, Eve Adams

Some six months after crossing the floor, Eve Adams’ time as a Liberal is at an end as she was defeated in her nomination race in Eglington-Lawrence. Marco Mendicino, a former federal Crown prosecutor who put away terrorists in the “Toronto 18” plot, handily won the riding, and will go on to face Joe Oliver in the upcoming election. Of course, now comes all of the pundits who will question whether Adams’ defeat will also damage Justin Trudeau, but I will say that I’m unconvinced by those arguments. While Scott Reid wrote in the Citizen on Friday that loyal Liberals should hold their noses and vote for Adams to avoid damaging their leader, I think that he entirely misread the situation. When Trudeau accepted Adams into caucus, the reaction was pretty muted. When he did it, it was to take a boot to the Conservatives, and to have Adams talk about how the Conservatives were no longer the party of the Progressive Conservatives (never mind that she never was one). It was about playing up that Red Tories had a home in the Liberal Party. But after that, she faded to the background. Instead of putting her up in QP the next day to great applause, Adams didn’t even show up in the House for days. When she did, she stuck to the background, wasn’t given slots in QP or during Members’ Statements, and was pretty much kept out of the limelight. Trudeau, for his part, stuck to his line of open nominations and didn’t endorse her. And when the process played out and Mendicino won, Trudeau’s hands were clean. Yes, he accepted her into caucus, but that was it. He let the grassroots decide without any interference, and that says a lot, in an age of a lot of bellyaching about the rougher edges of the open nomination process (and seriously, people, the people who have complained about being red-lighted have pretty much proven why that was the case). If anything, things played out in the very best light for Trudeau – he has a strong local candidate that won in a fair race, and he still got in a few punches at the Conservatives when Adams crossed the floor. I have a hard time seeing how this is a negative for him in any way. Meanwhile, BuzzFeed Canada collects your tweets in response to Mendicino’s win.

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Roundup: Abusing the Senate for partisan ends

The parade of people looking aghast at that Senate committee interim report continued yesterday, much of it with the usual cartoonish depictions of the Senate as a whole, never mind that this was a small group of Conservatives that made the recommendations in an interim report, and the Liberals on the committee explicitly dissented from it. Yes, the proposal is problematic and no doubt there are many in the Muslim community who are sceptical because it’s not a monolithic religion. Even those who are supportive in theory, because of the problem of foreign-trained imams that are more likely to come from radicalised schools, are wary of the current government and its mechanisms for dealing with it, though it has also been noted that the government already issues work permits for these imams, so perhaps that is a tool they could better use now. The report did mention what happens in Europe, but the language is vague, and what does happen in many European countries is providing funding for imam-training schools, with the intention of helping them learn about the language and culture of the country they’re heading to. Could this be what they mean? Maybe, but it’s still an interim report, so we won’t know until maybe December, assuming that the next parliament is actually constituted by then. So what to make of it? John Ivison posits that the report reads like a Conservative election platform, and I don’t think he’s wrong. This government has not been above abusing the Senate for its own ends before, and it looks like they’re doing it again. And yes, you’re going to look aghast at the suggestion that the Senate is partisan, never mind that it is and always has been – it’s usually just less partisan because Senators don’t need to campaign for re-election. It’s also in a difficult period right now because the majority of the Conservatives in the Senate were appointed in a manner that stressed the Chamber’s ability to absorb them, and that in turn led the Conservative leadership therein to further abuse the chamber by going heavy on the whip. It is a problem that may not be solved until Harper is no longer the party leader and this group no longer feels beholden to him. Until then, we should be critical, but let’s keep said criticism in perspective. The institution itself is not to be faulted because it currently has some problematic appointments and a Prime Minister that is keen to abuse it.

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