Roundup: Taking out the caucus ballgag

One of the cheapest attacks in Question Period on any given day is the rhetorical device where an opposition member laments that no member of the government benches from any given province will stand up to defend their province from whichever government programme they’re feeling aggrieved about. It’s one of those questions that seems largely directed to the backbenches, as if they were actually permitted to respond to questions (they can’t), but the questioner will always claim that it’s directed to members of cabinet from that province. And sometimes members of cabinet from that province will respond – witness Ralph Goodale taking Conservatives from Saskatchewan to school over carbon pricing denunciations, and yesterday, it was the NDP trying to needle Liberal MPs from BC over the approval of the Kinder Morgan Trans Mountain pipeline despite the fact that there was some vocal disagreement from Liberal MPs. And of course, in true partisan fashion, NDP MPs started tweeting out nonsense like this:

https://twitter.com/r_garrison/status/804054400926892033

But what’s throwing them for a loop is the fact that Trudeau is letting these MPs go public with their disappointment. There were no gag orders, they put out statements on their websites and Facebook pages, and they didn’t shy away from the press during caucus ins and outs yesterday, and even went on the political shows to express said disappointment. And it bears repeating that this is actually a shocking development because the PM is allowing members of his own party to have some public dissent rather than demand absolute lockstep agreement in public or so-so-solidarity on all things. *cough*NDP*cough* We haven’t seen this in Canadian politics in a long while. Usually when disagreements over regional issues get bad, we see things like Bill Casey leaving the Conservatives in protest (and eventually, a couple of election cycles later, crossing to the Liberals and getting re-elected under that banner). Rather, Trudeau is openly acknowledging the dissent and making moves to placate them in public and not behind the caucus room door. While one may criticise him for a great many things in the way that he has managed his caucus since becoming leader (including a great deal of centralization of power), I will give him points for the way this is being handled. I sincerely doubt that if this were happening under any other party that they would broker for any public dissent on the file.

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Roundup: Senate theatre a distraction

In the event that you haven’t been paying attention to the Senate this past week, some Conservative senators took it upon themselves to amend the government’s legislation regarding their much-vaunted “middle-class tax cut,” and changes the various tax brackets therein to deliver bigger savings to some, less to others, and supposedly closes the $1.7 billion gap that kept the Liberal bill from being “revenue neutral.” It’s an unusual move, and one that may be beyond the Senate’s powers given that the Senate is not allowed to initiate money bills, and this might qualify as treading up on that restriction, though they claim an early twentieth-century precedent that would allow it. While this is interesting in and of itself, what it demonstrates is the way in which the Conservatives are using this manoeuvre to try and take one last partisan kick at the can to try and “prove” the worth of organised opposition in the Upper Chamber as “government representative” Senator Peter Harder is manoeuvring to try and eliminate the official opposition designation in order to do away with parties in their entirely in the Upper Chamber.

While John Ivison rightly calls this a bit of convoluted political theatre, what the calculation the Conservatives in the Senate are likely going for is for those amendments to be defeated in the Senate as a whole (as all amendments get reported back from the committee in the form of a report that the full Senate then votes to either adopt or not in the aptly-named Report Stage vote) with the strength of the new independent senators. At this point, they can go “Aha! See! I told you these new ‘independent’ senators were all just Liberal stooges!” and pat themselves on the back for being oh, so clever. Unfortunately, while there is a lot of merit in the pushback against Harder and company’s attempts to eliminate the role of parties in the Senate as part of modernisation, the Conservatives insist on shooting themselves in the foot and undermining their own efforts by trying to prove that the new independent appointments are all closet Liberals. Instead, they should work with the Senate Liberals to expose Harder’s ambitions and efforts to build a personal power base out of the independents, and maybe they’d catch the attention of the rest of my journalist colleagues, who dismiss this as partisan antics and turf protection while they continue to dwell on the non-issue of committee assignments (that can’t be reconstituted until a prorogation happens anyway). This petty theatre is distracting from the actual issues and dangers of undermining the role of the Senate, and proves that the Conservatives haven’t learned enough lessons from the last election.

Meanwhile, the trans rights bill is headed to the Senate, and all eyes are turning to see what kinds of shenanigans that Conservative Senator Don Plett will get up to in order to slow or hamper the bill’s progress. Of course, because it’s now a government bill and not a private members’ bill, his avenues for obstruction are much diminished, and the political climate has changed meaning that he won’t likely find too many allies to back him up, and Harder will have tools to shut down any obstructing tactics if they carry on too long, so I doubt it will be much of an issue, but it’s another last kick at a can that won’t get too much more traction.

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Roundup: Suck it up and fix 24 Sussex

Since this is apparently my week for being cranky about stuff, I’ll turn my ire today on the various naysayers regarding renovations to 24 Sussex. And I’m going to say off the bat that they need to basically shut it and just fork out the money because guess what, we have obligations in this country to both official residences and heritage buildings, and we have to stop being so petty about it. What becomes clear in the more detailed breakdown of the options available that was posted in The Huffington Post was that a lot of these additional costs are not about the building, but rather they are about security. That’s part of why I find the demands that they have a residence that will be open to tourists to be boggling, because I’m not sure what purpose that serves. Of the other official residences, only Rideau Hall and the Citadel are partially open to the public, and even then in fairly controlled circumstances, and those are also working residences – something that 24 Sussex, Stornoway, the Farm and Harrington Lake are not. And why 24 Sussex should have the capacity for state dinners is also a bit baffling because the PM doesn’t host state dinners – the Governor General does. That’s his job as representative of our head of state (being the Queen). Can some official dinners be held at 24 Sussex? Sure. But not state dinners. I also find the fact that they’re even exploring the possibility of turning 24 Sussex into a working residence to be boggling, right up to including a $562 million option of abandoning 24 Sussex in favour of taking over the National Research Council’s headquarters at 100 Sussex and turning that into a Canadian White House with PMO offices on top of an official residence. Baffling, really.

So while the calls to bulldoze 24 Sussex return in force thanks to performative cheap outrage, and we clutch our pearls at the ongoing maintenance costs of the building being vacant while the property itself doesn’t increase in value, I say we stop trying to turn this into a tourist trap or working residence, which means not building an annex over the pool house to turn it into an apartment so the main house becomes something they don’t live in, and instead just focus on renovating the house itself and keeping it strictly as an official residence. And no, we can’t just bulldoze it because it is an important heritage property, and would still be even if it didn’t house prime ministers, but it does, so now we are obligated to deal with it the right way. In fact, I say we restore its façade to its original, pre-1950s features to better respect its heritage and history. Add to that, we should not only better empower the NCC to protect our official residences and heritage properties so as to let successive prime ministers (and opposition leaders and Speakers) know that it’s not up to their discretion when renovations need to be done to these properties, but we should also empower them to go after the previous inhabitants for negligence in allowing the property to decay this much. Maybe that will send a message.

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Roundup: Partisan crybabies and skewered straw men

As machinations and protestations go, the current drama in the Senate is starting to try my patience, particularly because so many of the players seem to be getting drawn off onto silly tangents at the expense of the bigger picture. In particular, the Conservative senators continuing to push this conspiracy theory that all new independent senators are just Liberals in-all-but-name is really, really throwing them off the message that Senator Peter Harder is trying to destroy the Westminster traditions of the Senate, and has a stated goal of removing any sense of official opposition from the Chamber. But when the complaints about Harder’s machinations are drowned out by their conspiracy theorizing, they’re only harming their arguments by making themselves look petty. And it is concerning what Harder has been up to, his latest move being a closed-door meeting for all senators to “discuss short-term and long-term government business.” Add to this are a number of the more established independent senators, who previously felt shut out, excusing Harder’s actions because he’s trying to bring them in, oblivious to the fact that this is how he’s trying to build his little empire.

Add to this conversation comes former senator Hugh Segal who penned an op-ed for the Ottawa Citizen, bravely skewering straw men all around him about those darned partisan senators not giving up committee spots to independent senators (when he knows full well that it’s an ongoing process and that committees don’t get reconstituted until after a prorogation), and coming to the defence of Harder, with whom he worked together all of those years ago during the Mulroney government before Harder transitioned to the civil service. Poor Peter Harder, whose budget has been cruelly limited by all of those partisan senators and how he can’t get the same budget as Leaders of the Government in the Senate past (never mind that Harder has no caucus to manage, nor is he a cabinet minister as the Government Leader post is ostensibly). Gosh, the partisan senators are just being so unfair to him. Oh, please.

So long as people are content to treat this as partisan crybabies jealously guarding their territory, we’re being kept blind as to what Harder’s attempts to reshape the Senate are going to lead to. His attempts to dismantle the Westminster structure are not about making the chamber more independent – it’s about weakening the opposition to the government’s agenda. Trying to organise coherent opposition amongst 101 loose fish is not going to cut it, and Harder knows it. The Senate’s role as a check on the government is about to take a serious blow so long as people believe Harder’s revisionist history and back-patting about how great a non-partisan Senate would be. Undermining parliament is serious business, and we shouldn’t let them get away with it because we think it’s cute that it’s making the partisans angry.

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Roundup: A badly needed review

The Criminal Code is a mess. The government knows it, and the judicial system knows it, but the question is whether anyone has the guts to do anything about it – particularly because it’s been a particularly easy target to do one-off laws without worrying about the broader consequences. The number of private members’ bills dealing with singular tweaks to the Criminal Code are innumerable, because it’s seen as something that individual MPs can use to take a stand on some issue or another while at the same time considering it to be something that won’t impose a cost on the government as no dedicated spending must be attached to it that would otherwise require a Royal Recommendation. (This is wrong – there are tremendous costs attached to it, but it’s a loophole in the rules that there is no appetite to plug either). And when governments want to increase sentencing to look tough on an issue, they pass new laws to “crack down,” to the point where there is no semblance of a logical sentencing grid any longer. I remember sitting in on a Senate legal and constitutional affairs committee meeting during the Harper years when they were passing another marijuana bill and the Liberal senators were expressing frustration that things were such a mess that these new pot offences were giving more jail time than some child sex offences.

The government’s recent move to repeal some archaic laws around gay sex (including an unequal age of consent) is an example of one place where the government is doing something about a “zombie law” – one that has been struck down by the courts, but remains on the books because Parliament has yet to take the time to actually repeal it. (This was another case were the Conservatives outright refused to when given the opportunity when they were raising the age of consent for hetero teens). But there are plenty of zombie laws still sitting on the books and nothing is being done about them. The CBC has a look here at some of those laws, and expert urging to deal with them – particularly given that murder trial in Edmonton where the judge accidentally handed down a verdict that was predicated on a “zombie” law and he had to go back and give a lesser verdict after the fact to correct the mistake. Clearly this is a problem, but the government isn’t promising much action beyond vague assurances that these sorts of things will be part of their broader criminal justice review – the same review that will be looking at doing away with a number of mandatory minimum sentences. But this is something that they really do need to get cracking on, not only dealing with “zombie” laws, but also sentencing reform so that there is a coherent sentencing grid once again. Part of the problem, however, is that the justice minister and her office are moving at a glacial pace. Everything they’ve been doing, from judicial appointments to moving on certain bills, is taking far longer than it reasonably should, and that’s concerning especially when this criminal justice review is so badly needed. Let’s hope we hear more about it sooner rather than later.

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Roundup: The pull of status quo

The wailing and gnashing of teeth of the electoral reform crowd is about to get worse, as they will soon convince themselves that the government is out to kill their dreams of a new electoral system. Why? Because after the committee demanded that minister Maryam Monsef give them a report of the electoral reform consultations she’s received, she’s told them that those consultations are showing fairly strong support for the status quo, and that there is no consensus on what kind of electoral reform that people prefer. Add to that, there is apparently a strong preference for the local representation connection in their various values questions, which goes toward supporting the status quo argument. I’m fairly thrilled to hear about so much support for team status quo and hope that this bolsters the case to abandon this whole foolhardy process, but I fear we’re still a little ways away from that as of yet.

Meanwhile, our friends at Fair Vote Canada are baying at the moon that the new survey the government plans to open to Canadians is biased toward the status quo based on sample questions they found on the testing site. Except of course that those aren’t the actual final questions on the survey, and the questions were generated by the company for testing purposes rather than the government for their actual survey, so no dice (yet) on that particular conspiracy theory. Nevertheless, killing this whole electoral reform headache can’t come fast enough, nor can the justifications based on the “values” quizzes by the government. Then maybe we can focus on the real problems, like civic literacy and engagement, rather than trumpeting solutions in search of problems.

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Roundup: The scourge of billionaires

If you thought that the temptation to blame elites for everything was simply the crass tactics of Kellie Leitch – herself among the most elite of elites – then you’d be wrong. Yesterday Rona Ambrose decided to take a page from the very same playbook and rail in a speech open to media about how the Liberals were elites who were *gasp!* meeting with billionaires to talk about investment opportunities in Canada. OH NOES! The horror of it all! And not just billionaires – billionaires from Beijing and Dubai! Because it never hurts to get a bit of a protectionist/xenophobic twist to your moral panic. But then again, the Conservatives never could decide if they actually wanted to attract or shut down foreign investment, as they left rules deliberately vague so that they could indulge their protectionist, populist impulses when it suited their needs politically.

Part of what’s galling is the real lack of self-awareness that Ambrose is displaying in this kind of speech. While she’s trying to take a populist tack, her examples are all poor ones to prove her case about those darn elites being against ordinary working folks. Leaving aside that as MPs, they are the elites, the examples of things like cancelling the children’s fitness tax credit don’t even fit their rhetoric. Why? Because the Liberal not only replaced those myriad of tax credits with a broad-based income tax cut, but also with far more generous and untaxed child benefit payments, while those tax credits were non-refundable, meaning that they were generally inaccessible to low-income Canadians who needed them, but rather were far more beneficial to higher-income families who had the money to spend on the sports or arts or whatever to get the full benefit of said credits. In other words, trying to make a “regular families” argument in the “us versus the elites” narrative doesn’t stand up to logic or reality. The fact that they are willing to start indulging in this kind of rhetoric should be alarming, because the last thing we want to do is start trading in the politics of resentment like we’ve seen in the States. Only madness lies that way.

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Roundup: A blistering condemnation of Peter Harder

I’ve long held suspicions about the work that Senator Peter Harder, the “government representative” in the Senate, has been doing, and I will say that I was completely alarmed by some of the things brought to light by Liberal Senator James Cowan yesterday in his speech about Senate modernization. It’s a blistering speech, and I suggest you take the 25 minutes to listen to it all, but some highlights: Harder is engaging in revisionist history to claim that the Senate was never meant to be partisan (which is false), and he is trying to do away with the roles of government and opposition (which are integral to the Westminster system) in order to create a bureaucratic-like structure. In a chamber full of independents, there will be fewer checks on the government, and Harder will amass power by acting like the leader of the Senate as a whole, further weakening the chamber’s role as a check on the power of the executive. Harder has gone so far as to start offering to set up meetings with senators and the premiers of the provinces they represent – meeting he would be present at – which is completely improper and something a government representative should have no role in doing. It’s disturbing to listen to how his plans to reorganise the Chamber would take shape, and Cowan’s speech is blistering in its condemnation.

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Roundup: Pushing more policy to the courts

There’s this terrible idea that keeps circling, and here it comes again, which is the idea that we should enshrine environmental rights in the constitution. David Suzuki is going around trying to make this happen once again, concerned that like the coming Trumpocalypse in the States, that one bad election in Canada and any progress we’ve made on environmental laws would be set back. And while this kind of thinking – insulating environmental laws in a more robust constitutional framework – sounds good on its face, its proponents need a good smack upside the head.

Why? Because this is a democracy, and what they are trying to do is take the environment out of the role of the government, and put it in the lap of the courts. No longer should the people decide on an important area like the environment, but instead, we’ll ensure that unelected judges with no accountability are the ones who are now determining policy. Add to that, I’m not sure that the courts have the competency to do be making these kinds of policy determinations, and yes, that is an issue that this proposal doesn’t seem to talk about. It’s disturbing that Suzuki and his ilk are trying to diminish the role of democracy in favour of a more technocratic approach to government, no matter how much importance one places on environmental policy. We have a system of government which is supposed to hold the government of the day to account, and usually it’s pretty successful. It held the Conservatives to account after they abused the public trust on things like the environment file, and were duly punished for it at the ballot box, and when you look at recent elections like that in the Yukon where the environment was apparently an issue, the party that was more reluctant to take action was punished for it. You don’t need to yet again turn everything over to the courts in order to take action – just mobilize enough popular support to the cause. It can and does happen, but to simply suggest that politics has failed and the courts should handle it is the kind of thinking that makes me really, really uncomfortable because of where it leads.

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Roundup: Pushing back against Leitch

In the wake of Wednesday’s Conservative leadership “debate” – and I use the term loosely because there was no actual debate, just presentations sans Power Point – the wedge that Kellie Leitch has been nursing in her campaign became all the more stark. While Michael Chong may have been first out of the gate with his condemnation, Deepak Obhrai has used it to crank his campaign up a notch yesterday, with both an appeal for support in order to oppose Leitch specifically, and also told tales about messages he’s received from Leitch supporters telling him to leave the country.

At one point during the presentations on Wednesday, Leitch held up a book Points of Entry from sociologist Victor Satzewich to justify her screening proposals. The problem? That Satzewich’s conclusions in the book were the opposite of hers, that the system was working, that demanding more face-to-face interviews for all visa applications would make the system grind to a halt, and that while he went into the research sceptical, his research convinced him that things were better than he had initially surmised. So that’s kind of embarrassing for Leitch (or would be if she had any demonstrated capacity for shame, which I’m not convinced is the case).

Meanwhile Leitch, whose other Trumpian note has been to rail against “elites” – as though she were not the epitome of one – has been holding fundraisers in Toronto with Bay Street lawyers for $500 a pop. You know, more of those elites which she’s totally not one of. Also, if she’s so convinced that she’s going to be Prime Minister by 2019, isn’t this some kind of ethical conflict for her to be holding these kinds of cash-for-access fundraisers?

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