Roundup: Denying consent for transparency

After QP yesterday, Justin Trudeau rose to seek unanimous consent for his four motions on greater transparency for parliament – MPs posting expenses, opening up Internal Economy, and calling in the Auditor General. None of them passed, and apparently it was the NDP who denied consent (though some reporters heard Conservatives dissent despite the party line being that they were in favour). What did pass was a motion from Nathan Cullen that would ban MPs from using their travel points to go to speaking gigs, as apparently the latest bout of Trudeau bashing is to assert that he apparently used his MP expenses to do speaking gigs, despite there not being any evidence to support this, and the fact that most speaking gigs include airfare as a standard part of the deal.

Continue reading

Roundup: The moral panic of campaigning Senators

The Toronto Star has a look at Senators who were reimbursed by various campaigns for work they did during the last election, which seems a bit curious because it’s not unusual that Senators campaign – they just can’t bill the Senate for those expenses, as Mike Duffy did. Not that it’s stopped the NDP from making a giant fuss about it, as though it’s a bad thing that party members help out in a campaign. “Oh, but they shouldn’t campaign at all!” they cry. “They’re on the taxpayer’s payroll!” Um, so are MPs, who also fundraise and do campaign activities outside of writ periods of all sorts. And some of them go to fundraisers while they should be in Ottawa as the House is sitting. And leaders? Well, they’re the worst when it comes to missing House duty for fundraisers and campaigning. They’re also on the public dime. It’s a kind of hypocritical and nonsensical argument that seems to ignore the fact that *gasp!* senators are also party members and partisans! You know, the way our system of government works, where you have governing and opposition parties in both chambers! In other words, the NDP is trying to create a moral panic, which should be paid little heed unless it can be proved that any of the Senators who campaigned billed the Senate for their expenses. And I have little doubt that none of them other than Duffy – and possibly Pamela Wallin – did.

Continue reading

Roundup: Robocall recommendations under advisement

The Minister of State for Democratic Reform is finally getting around to drafting a bill on reforming electoral laws to prevent things like fraudulent robocalls. While Elections Canada is coming with a report on said calls this week, with recommendations about how they would like to see the laws changed, Tim Uppal says that he won’t limit himself to those recommendations. So what kinds of changes is he considering? Well, I guess we’ll have to wait and see.

Peter Kent has ordered that the soon-to-be-defunct National Round Table on Environment and the Economy to stop posting on their website, and to turn over all of their files in relation to said site over to his department. While he says this is about transferring those contents to Library and Archives, where they will remain accessible to the public, it is a bit odd that he is actively seeking to keep things like a farewell message from the Governor General from being posted on said site in its final days.

Continue reading

Roundup: Knee-jerk populism vs. the Charter

In another stunning bout of knee-jerk populism, Jason Kenney has seized on the story of a Canadian dual-citizen blowing up a bus in Bulgaria, coupled it with a dubious Private Member’s Bill about stripping the citizenship of dual-citizens who engage in acts of war against the country, talked about amending it to include terrorism, and viola – ready for the media. How predictable, and how so very, very flawed. For one, it’ll never stand up to the Charter, because Canadians, no matter where they may have been born, are all equal under the law. Also, it shows contempt for process because he’s trying to hijack a PMB that probably shouldn’t have been voteable in the first place. It’s worse that Kenney wants to try and ram through unconstitutional measures into the PMB process, which would get a mere couple of hours of committee study before heading back to the Chamber for a mere two more hours of debate. Yeah, he may need to rethink this whole proposition.

Continue reading

Roundup: Irresponsible unanimous passage

MPs, in their infinite wisdom, decided to pass the royal succession bill at all stages unanimously with no debate. That’s right – an unconstitutional bill that de-patriates our constitution and relegates us to the status of Crown colony passed with zero debate. Way to go, MPs. Provide that oversight! So yeah. Here’s hoping the Senate will do it job and actually put a stop to this nonsense. Meanwhile, here’s more condemnation of the bill, this time from James WJ Bowden.

The government has unveiled its 2013 Tough on Crime™ agenda. Because apparently there’s no rest for the wicked.

Government backbenchers say that the high-profile nature of the Parliamentary Budget Officer has made them gun shy about asking him for reports. Because you know, it might be unseemly for backbenchers to be seen to be doing their job of holding the government to account.

Continue reading

Roundup: Succession and Senate consequences

University of Ottawa professor Philippe Lagassé writes the definitive look at the Crown succession bill the government introduced last week, and proves how the government and its arguments are entirely wrong about it. Australian constitutional scholar, and the authority on succession issues, Anne Twomey, writes about the bill and how it de-patriates our constitution back to Britain, as well as is a telltale sign about the lengths the government will go to avoid dealing with the provinces.

Speaking of the lengths that Harper will go to in order to avoid the provinces, regarding last week’s other big news – the Senate reference – Paul Wells notes that Harper’s plan seems to have been to try to destabilise the legislative equilibrium by pushing what small changes he could and take advantage of the resulting free-for-all – which sounds about right. Over in the Globe and Mail, there is a look at what an elected Senate under the current proposal means regarding provincial parties running candidates in a body dominated by federal parties. The result is almost certainly chaos that would be largely unworkable, reduced to issue-by-issue coalitions, grinding the legislative process to a halt. Free-for-all that a PM could try to work some additional executive powers out of in order to “break the logjam”? Don’t discount the possibility.

Continue reading

Roundup: The politics of the Senate reference

The big move by the government yesterday was to send a list of reference questions to the Supreme Court with regards to Senate reform – and yes, abolition. The six questions – more like fifteen with the sub-clauses – come at a time when the notion is being mulled over by the Quebec courts at the behest of the provincial government, and the Supreme Court may opt to hold off on their deliberations until that decision is rendered, so that they can take it into consideration. And then comes the politics behind it all – the government claims this will “speed up” the reform process after years of opposition delay – never mind that this reference process could take up to two years, and the only ones stalling were the government themselves because they never brought their bills forward for debate (not that said bills were actually constitutionally sound). It also buys them time to keep the issue alive for the next election and as a fundraising issue for their base, but also provides them options when it comes to considering next steps, because they may need them if they want to continue this rather foolhardy pursuit. The Liberals are playing the smug game of “We wanted this reference six years ago – thanks for catching up.” And the NDP are accusing the government of “more delay” – even though they simply argue for abolition and give nonsense talking points about how much money they would save if that happened (forgetting of course that all of said “savings” and more would entirely be consumed in the interminable court challenges that would come from flawed legislation that would otherwise be caught in the Senate). And there are the legal arguments – is it really unconstitutional, or is the fact that the Prime Minister is still recommending appointments to the Governor General enough to avoid having to go the route of a constitutional amendment, no matter that they’re ensuring that these appointments are “elected,” and that the “democratic mandate” of these newly empowered Senators will have a tangible – and detrimental – effect on the way our system operates. I argue that the Supreme Court justices aren’t morons and will see a backdoor attempt for what it is and call bullshit. Other constitutional scholars aren’t so sure, and say that according to the letter of the law, it looks just fine. But politics – especially the way our Parliament operates – is more than just the letter of the law. It’s an organic whole, and surely that needs to be taken into consideration when a blatant backdoor proposal designed to get around doing the hard work of constitutional negotiation will have a serious and measurable effect on our democratic process. That has to count for something.

Continue reading

Roundup: Farewell Canadian Crown, hello Crown colony status

The government did something well-meaning yesterday, but in the process, ended up doing something very, very bad. In what was no doubt a somewhat thoughtless attempt to circumvent the rules around constitutional amendments, they tabled their act to change the laws of succession for the Canadian Monarchy yesterday that evoked a moot section of the Statute of Westminster that basically said “whatever the Mother Country decides, we’re cool with.” And with that one fell swoop, the government of Canada has undone eighty-two years of Canada having an independent Crown, and has once again relegated us to the status of a Crown colony of Britain – and no, I’m really not being dramatic. (See the bill and the government’s nonsensical backgrounder here). You see, that section of the Statute of Westminster that they’re evoking – was repealed with the patriation of the Constitution in 1982. Oops. And by simply assenting to the UK change, it means that the Crown of Canada is not a separate corporate sole from the Crown of the United Kingdom – which means that Canada is not a sovereign country. And because the Office of the Queen – which the rules of succession are a Very Big Deal regarding – falls under s.41(a) of the Constitution – that means a constitutional amendment requiring the unanimous consent of the provinces. Yes, it’s a little messier and will take a little more time, but we’ve got at least two generations of heirs in order to get it right, and there is little reason that any of the provinces would object to such common sense changes. But hey, for the sake of expediency, let’s treat the constitution like it doesn’t matter! Which seems to be the modus operandi of the entire political discourse of this country of late – between this, the NDP’s “Unity bill,” and Bob Rae thinking that the Governor General should be involved in political meetings with the First Nations and denying royal assent on the Wheat Board bill, we have pretty much proven that civic literacy in this country is in complete and utter shambles. How many other mature democracies treat their constitutions like they’re relative documents that you can project your own interpretations onto as they suit your agenda? Unbelievable.

Continue reading

Roundup: The omnishambles of a meeting that may not be

Here is the recap of yesterday’s omnishambles that was the drama over whether or not the First Nations meeting with the Prime Minister was going to happen or not. We’re still not sure. (It was so long that it became its own separate blog post). Here is a primer on some of the issues at play with the meeting, assuming it happens, and some of the broader First Nations discussions going on right now. This was the plan for the meeting – assuming it still goes ahead. The CBC looks at the issue with a group of diverse First Nations voices. Michael Den Tandt looks at Harper’s challenge in the meetings and the Aboriginal issue in the broader context.

Meanwhile, here’s a look at the blank slate that is what we know about Chief Theresa Spence’s history, which suits both her supporters and critics. We have learned that her partner and band co-manager has a history of bankruptcy, and yet he’s the one managing Attawapiskat’s books. Also, he claims to have been training for his CGA designation, and yet there is no record of that.

Continue reading

Roundup: Onto time-allocated debate

After a much shorter voting marathon than we’ve become accustomed to, all of the amendments to Omnibus Budget Bill 2: The Revenge have been defeated, and it moves onto a one-day time-allocated third reading debate today. Remember when the government promised they’d be open to amendments and stuff? Yeah, good times.

The “temporary” measure of having prisoners in segregation double bunking – as in, two people in a small space for 23 hours a day – has been going on for two years in some prairie institutions. Yeah, this is going to end well.

Oh dear – it looks like the M-4 Unit – err, Julian Fantino didn’t get his duotronic databanks updated when he was given his new portfolio. As it turns out, he’s not familiar with the five principles of effective foreign aid that CIDA is committed to upholding.

Continue reading